Closed Caption Log, Council Meeting, 11/29/01

Note: Since these log files are derived from the Closed Captions created during the Channel 6 live cablecasts, there are occasional spelling and grammatical errors. These Closed Caption logs are not official records of Council Meetings and cannot be relied on for official purposes. For official records or transcripts, please contact the City Clerk at 499-2210.

GARCIA:

> IN MONSIGNOR REYES COULD COME FORWARD.

THANK YOU, MAYOR.

LET US PRAY. UNLESS THE LORD WATCH THE CITY, THOSE WHO LABOR DAY IN VEIN. LORD OR GONE AT THE BEGINNING OF A NEW DAWN IN OUR CITY, WE HUM ASSEMBLY ASK YOUR -- HUMBLY ASK YOUR BLESSING UPON THOSE WHO GUIDE OUR CITY THAT IT MAY BE YOUR CITY. RENEW AND REFRESH THE SPIRIT OF OUR MAYOR, EACH OF OUR COUNCIL PERSONS AND THEIR AIDES. BLESS THEM WITH THE GUIDANCE OF THEIR HOLY SPIRIT THAT WAS WITH THEM, VIGOR, OPEN CONFIDENCE, MAY WE BRING THIS HUMAN CITY TO BE MORE LIKE THE CITY OF GOD. MAY THEY BE GOOD STEWARDS OF YOUR CREATION, PROVIDING FOR THE GROWTH AND DEVELOPMENT OF A VIBRANT COMMUNITY, CARING FOR THE LEAST OF OUR BRETHREN WITH SPECIAL CARE. LORD OUR GOD BLESS OUR WORK AND SPECIAL CARE FOR ALL MEMBERS OF OUR COMMUNITY. MAY THEY FIND JOY AND SATISFACTION IN THEIR LABOR, KNOWING THAT THEY DO YOUR WILL. WE ASK YOUR SPECIAL BLESSINGS ON OUR CITY. THAT IT MAY GROW IN UNITY AND BE KEPT SAFE. BLESS OUR BUSINESSES, THAT THEY MAY PROSPER. BLESS OUR FAMILIES WITH LOVE AND GOOD HEALTH, AND MAY WE BE A PEOPLE OF COMPASSION AND MERCY. CARING FOR EVERYONE'S BENEFIT AND WELFARE. AS YOU WATCH OVER US AND OUR CITY. BE WITH US NOW AND ALWAYS, AMEN. MAYOR GARCIA I THINK ALL OF THE FACES THAT ARE HERE I HAVE SEEN BEFORE. BUT FOR THOSE OF YOU THAT MAY NOT KNOW THE COUNCIL, COUNCILMEMBER THE HONORABLE DANNY THOMAS IS IN PLACE 6 TO MY RIGHT, COUNCILMEMBER WILL WYNN POLICE 5, COUNCILMEMBER BEVERLY GRIFFITH I THINK IS ON THE WAY. I'M GUS GARCIA. MAYOR PRO TEM JACKIE GOODMAN SHOULD BE HERE SHORTLY. COUNCILMEMBER RAUL ALVAREZ IS HERE AND COUNCILMEMBER DARYL SLUSHER SHOULD BE HERE SHORTLY. THERE BEING A QUORUM OF THE COUNCIL, AT THIS TIME, I WOULD LIKE TO CALL THE MEETING OF THE CITY COUNCIL FOR NOVEMBER THE 29TH, OF THE YEAR 2001, TO ORDER. WE ARE AT 3700 LAKE AUSTIN BOULEVARD, IN THE LOWER COLORADO RIVER AUTHORITY HANCOCK BUILDING. THE FIRST ITEM THAT WE WERE -- THAT WE ARE GOING TO DO IS -- IS PREVIEW ITEMS FOR THE NEXT COUNCIL MEETING AND I WILL START WITH -- WITH COUNCILMEMBER ALVAREZ, DO YOU HAVE ANYTHING FOR -- FOR THE NEXT COUNCIL MEETING, COUNCILMEMBER?

ALVAREZ: NOT TO REPORT AT THIS TIME, MAYOR.

GARCIA: OKAY, CITY MANAGER?

GARZA: WE WILL BE DOING JUST A COUPLE OF BRIEFING ITEMS, ONE IS INVOLVING THE FINANCES OF THE CITY AND PROVIDED THAT WE ARE ABLE TO CONCLUDE THE WORK WITH THE NEGOTIATIONS ON SETON, AT LEAST AT A PRELIMINARY LEVEL, WE MAY REPORT THAT TO COUNCIL AS WELL AS PART OF A WORK SESSION, IF WE ARE ABLE TO GET THAT FAR ENOUGH ALONG.

GARCIA: COUNCILMEMBER WYNN?

WYNN: NO, MAYOR, NOT.

COUNCILMEMBER THOMAS?

THOMAS: NO, SIR, MAYOR, NOT AT THIS TIME.

GARCIA: IF THE CITY CLERK WOULD READ INTO THE RECORD AND CHANGES AND CORRECTIONS THAT WE HAVE FOR THIS MEETING.

ITEM NO. 16 HAS BEEN POSTPONED TO DECEMBER 6TH, 2001. ITEM 50 WILL READ: APPROVE A RESOLUTION DIRECTING THE CITY MANAGER TO BEGIN THE AMENDMENT PROCESS OF THE CITY BUILDING CODES FOR USE OF LIGHT COLORED ROOFS ON COMMERCIAL BUILDINGS AND REDUCE THE BE URBAN -- URBAN READ ISLAND EFFECT.

I THINK THAT SHOULD READ EFFECTS. ALL RIGHT.

ITEM 51, SHOULD READ: APPROVE A RESOLUTION DIRECTING THE CITY MANAGER TO BEGIN THE AMENDMENT PROCESS TO THE NEIGHBORHOOD PLANNING REGULATIONS AND LAND DEVELOPMENT CODE TO ALLOW THE CREATION OF SUBDISTRICTS WITHIN THE NEIGHBORHOOD PLAN AREA. ITEM 83 SHOULD READ: APPROVE A RESOLUTION TO APPOINT MAYOR GUS GARCIA TO THE JUDICIAL SUBCOMMITTEE, COUNCILMEMBER WILL WYNN AND MAYOR PRO TEM JACKIE GOODMAN SPONSORED THIS ITEM.

GARCIA: ARE THERE ANY OTHER CHANGES AND CORRECTIONS, MR. CITY MANAGER? WE WILL NOW GO INTO THE READING OF THE CONSENT AGENDA. I WANT -- I FORGOT, LET ME GO BACK TO THE PREVIEW OF ITEMS FOR THE NEXT COUNCIL MEETING. I WILL HAVE AN ITEM ON THE NEXT COUNCIL AGENDA, DIRECTING THE CITY MANAGER AND STAFF TO PUT TOGETHER A REPORT ON AIR QUALITY FOR THE COUNCIL TO LOOK AT ALL OF THE ISSUES THAT -- THAT CLEAN AIR FORCE, ENVIRONMENTAL DEFENSE FUND AND THE CITY STAFF WANT TO PUT TOGETHER. SO I WOULD LIKE TO HAVE THAT MEETING SOMETIME IN JANUARY OR FEBRUARY TIME FRAME. OKAY. THE READING OF THE CONSENT AGENDA, MS. BROWN?

THE CONSENT AGENDA WILL BE AS FOLLOWS: ITEM 1 SHOWING THAT MAYOR GUS GARCIA IS ABSTAINING BECAUSE HE WAS NOT FROAPTT FOR THAT MEETING, ITEM 5 POSTPONED FOR A REQUEST FROM STAFF, ITEMS 6, 7, 8, 9, 12, 13, 14 --

GARCIA: SLOW DOWN. 12?

12, 13, 14, 15. ITEM 16 IS BEING POSTPONED TO DECEMBER 6TH. ITEM 17, 18, 19, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 52, 68 IS BEING POSTPONED TO JANUARY 17TH AS A REQUEST OF THE APPLICANT. THAT'S A PUBLIC HEARING. WE ARE JUST ANNOUNCING THAT AHEAD OF TIME. 72, THE APPEAL HAS BEEN WITHDRAWN. AND 83 WILL BE A PART OF THE CONSENT AGENDA.

GARCIA: COUNCILMEMBERS, DO YOU HAVE ANY ITEMS THAT HAVE BEEN READ INTO THE RECORD AS BEING CONSENT ITEMS THAT YOU WANT TO PULL FOR DISCUSSION? I KNOW COUNCILMEMBER SLUSHER YOU CAME IN A LITTLE BIT LATE. DO YOU WANT HER TO GO THROUGH THE CONSENT AGENDA ONE MORE TIME?

SLUSHER: NO. [INAUDIBLE - NO MIC]

GARCIA: OKAY. SHE WILL READ THAT INTO THE RECORD HERE IN JUST A MINUTE.

ALVAREZ: MAYOR?

COUNCILMEMBER ALVAREZ?

ALVAREZ: I CAN PUT ONE OF THESE BACK ON THE CONSENT BECAUSE I WAS ABLE TO LOOK AT THE RESPONSES FROM STAFF. AND THAT WOULD BE ITEM NO. 10. PUT BACK ON CONSENT.

GARCIA: ITEM NO. 10 IS BACK ON THE CONSENT AGENDA.

THOMAS: MAYOR?

GARCIA: COUNCILMEMBER THOMAS?

THOMAS: YES. I'M SATISFIED WITH 50 AND 51 COULD BE PUT BACK ON THE CONSENT AGENDA.

GARCIA: ITEMS 50 AND 51 ARE BACK ON CONSENT.

ALVAREZ: MAYOR, I WOULD, ON 51, I WOULD LIKE TO RECOMMEND A CHANGE IN LANGUAGE, BUT SINCE THE MAYOR PRO TEM IS HERE, WE ARE CO-SPONSORS OF THAT ITEM. WE MIGHT WAIT UNTIL SHE RETURNS.

GARCIA: OKAY. SO 51 WE ARE GOING TO PULL OFF THE -- COUNCILMEMBER THOMAS PUT IT BACK ON CONSENT, BUT COUNCILMEMBER ALVAREZ WANTS TO WAIT. SO LET'S NOT HAVE THAT ON THE CONSENT AGENDA AT THIS TIME.

GARZA: MAYOR, ON ITEM 51, WE WOULD LIKE TO OFFER A BRIEF COMMENT ABOUT SOME OF THE IMPLICATIONS OF THAT.

GARCIA: OKAY, WE WILL PUT IT. WE WILL PULL ITEM 51.

GARCIA: ITEMS 13, 14, 15 ARE FOR SECOND AND THIRD READING. DO COUNCILMEMBERS WANT TO HAVE THOSE ITEMS ONLY FOR SECOND READING, ANYBODY? SO -- SO ONCE AGAIN ITEMS 13, 14, AND 15 ARE BEING CONSIDERED FOR SECOND AND THIRD READING. MS. BROWN, DO WE HAVE SPEAKERS? IF ANY OF YOU WANT TO SPEAK ON THE CONSENT AGENDA IF YOU COULD SIGN A CARD OUTSIDE AND BRING IT IN TO MS. BROWN, I WILL RECOGNIZE YOU AT THE APPROPRIATE TIME.

GARZA: TYPICALLY THOSE ARE BROUGHT IN. I DON'T SEE ANY HERE.

MAYOR GARCIA: WELL, ON THE CONSENT ... ITEM NO. 5 IS NOT ON THE CONSENT AGENDA. NOT ON THE CONSENT AGENDA. IT'S -- WE ARE WAITING FOR MAYOR PRO TEM GOODMAN TO GET HERE. AND AT THAT TIME I WILL RECOGNIZE YOU. DID ANYBODY SIGN A CARD TO SPEAK ON THE CONSENT AGENDA?

GRIFFITH: MAYOR.

MAYOR GARCIA: GOOD MORNING.

GRIFFITH: GOOD MORNING, SIR. ON 34, IT'S THE ELECTRONIC AGENDA GENERATION AND DISTRIBUTION. I WANTED TO CONFIRM THAT THERE WILL BE PAPER AGENDAS AVAILABLE FOR THE PUBLIC.

GARZA: YES, THERE WILL BE.

GRIFFITH: GOOD, LET'S PUT THAT BACK ON CONSENT THEN.

MAYOR GARCIA: 34 --

GRIFFITH: I WANTED TO BE SURE THAT EVERYBODY WAS INCLUDED.

GARZA: ABSOLUTELY, THIS IS FOR THE STAFF AND COUNCIL TO HAVE A PAPERLESS AGENDA, BUT THERE WILL ALWAYS BE A PAPER AGENDA FOR THE PUBLIC TO VIEW AND SEE.

GRIFFITH: THANK YOU.

MAYOR GARCIA: I HAVE A QUESTION. WILL THIS AGENDA BE AVAILABLE ON THE INTERNET?

YES.

MAYOR GARCIA: SO THE PUBLIC WILL HAVE TWO OPPORTUNITIES TO LOOK AT THE AGENDA. ONE ON THE INTERNET AND THEN A PAPER.

TERMINAL BUREAUCRACY -- TERMINAL DEMOCRACY WILL BE BROUGHT TO A NEW LEVEL.

MAYOR GARCIA: OKAY. MS. BROWN, WE STILL DON'T HAVE ANY SPEAKERS ON THE CONSENT AGENDA? OKAY.

WYNN: MAYOR?

MAYOR GARCIA: COUNCILMEMBER WYNN?

WYNN: IN REGARDS TO ITEM NO. 34 WHICH IS ON THE CONSENT AGENDA, THIS IS THE ELECTRONIC AGENDA MANAGEMENT SYSTEM. I WANT TO THANK KATHY DON DALLAS ALIN AND -- AND DEBORAH ROUNDTREE FOR PULLING THIS TOGETHER. THIS HAS COME THROUGH THE TEL COM SUBCOMMITTEE THAT I SIT ON. I THINK IT'S A VERY IMPORTANT PROCESS FOR US TO HAVE. BECAUSE FRANKLY I THINK IT'S REMARKABLE THAT OUR CITY MANAGER'S OFFICE AND THE AGENDA OFFICE IS ABLE TO PULL TOGETHER OUR AGENDA, OUR PAPERS AGENDA ON A WEEK TO WEEK BASIS. I MEAN, THERE ARE -- THERE ARE TENS OF THOUSANDS OF PIECES OF PAPER THAT COME THROUGH THIS PROCESS. AND, YOU KNOW, I'M JUST -- YOU KNOW, I'M ALWAYS AMAZED THAT WE CAN PUT IT OFF EACH WEEK. THIS PROCESS WILL, ONE, ELIMINATE TENS OF THOUSANDS OF PIECES OF PAPER. BUT ALSO I JUST THINK MAKE THE INTERNAL MANAGEMENT WITH THE MANAGER'S OFFICE FOR THE AGENDA SO MUCH MORE EFFECTIVE FOR US AS COUNCILMEMBERS AND STAFF, IT'S GOING TO ALLOW FOR THE CITIZENS TO -- TO BOTH HAVE A PAPER COPY AVAILABLE, BUT TO HAVE INTERNET ACCESS TO THE AGENDA AND ITS APPROPRIATE BACKUP. I JUST THINK IT'S A VERY APPROPRIATE THING TOR US TO -- FOR US TO BE DOING AND I FULLY SUPPORT THIS BY THE COUNCIL.

MAYOR GARCIA: IS THERE A MOTION ON THE CONSENT AGENDA. MOTION BY COUNCILMEMBER THOMAS, SECONDED BY -- BY COUNCILMEMBER WYNN. DISCUSSION? THE ONLY QUESTION THAT I HAD, CITY MANAGER, ARE YOU GOING TO BE ABLE TO TRAIN THE MAYOR ON HOW TO USE THIS THING SO I CAN FOLLOW THE AGENDA?

GARZA: YES, SIR. [ LAUGHTER ]. WE WILL CONSIDER THAT ONE OF OUR EASIEST TASKS.

MAYOR GARCIA: OKAY. THOSE IN FAVOR OF THE CONSENT AGENDA, PLEASE INDICATE BY SAYING AYE.

AYE.

OPPOSED NO? MOTION CARRIES. AND SHOW ME ABSTAINING ON ITEM NO. 1 BECAUSE I WAS NOT HERE FOR THOSE -- FOR THAT PARTICULAR MEETING. OKAY. LET ME ANNOUNCE THAT AT 11:00, THE COUNCIL WILL BE -- WE WILL BE ANNOUNCING THAT WE WILL BE GOING INTO EXECUTIVE SESSION, SO -- SO BETWEEN NOW AND THEN WE ARE GOING TO TRY TO GO THROUGH THE -- THE ITEMS IN THE DISCUSSION AGENDA.

SLUSHER: MAYOR?

MAYOR GARCIA: COUNCILMEMBER SLUSHER?

SLUSHER: I UNDERSTAND THAT WE HAVE ALREADY DONE THE UPCOMING ITEMS. COULD WE GO BACK TO THAT FOR A SECOND?

MAYOR GARCIA: ABSOLUTELY.

SLUSHER: WELL, I'M GOING TO HAVE NEXT WEEK AN ITEM CO-SPONSORED BY THE MAYOR AND COUNCILMEMBER WYNN TO CREATE A TASK FORCE, A 60-DAY QUICK TURN AROUND TASK FORCE TO DEVISE RECOMMENDATIONS FOR FINDING A WAY TO CONTINUING THE GLASS RECYCLING COMPONENT OF THE SIXTH STREET RECYCLE PROGRAM. I JUST WANT TO -- I THINK THERE MUST BE A WAY TO DO THIS. THAT'S A LOT OF GLASS GOING OUT TO THE LANDS FILL. IF WE DON'T RECYCLE THERE. SO I WOULD LIKE TO GET SOME FOLKS IN. THERE'S A LOT OF INTEREST IN IT AND LOOK AT HOW WE CAN DO THAT. AND ANOTHER ITEM I'M GOING TO HAVE, THIS WILL PROBABLY BE THE WEEK AFTER NEXT, INSTEAD OF THIS WEEK, IS TO -- TO ASK OUR CHARTER REVIEW COMMISSION TO CONSIDER AN ALTERNATIVE TO THE CAMPAIGN FINANCE ORDINANCE THAT IS -- HAS BEEN PUT UP BY INITIATIVE OR PETITION DRIVE. AND I THINK WE NEED TO HAVE A DISCUSSION OF ALL OF THE POSSIBILITIES, SO I WILL BE ASKING THEYSKING THEM TO LOOK AT THAT.

THANK YOU, COUNCILMEMBER.

THANK YOU.

MAYOR GARCIA: IF WE COULD HAVE THE TEXT OF THE RESOLUTIONS OR ORDINANCES THAT WILL BE PRESENTED TOGETHER WITH THE BACKUP MATERIAL SO WE CAN REVIEW IT, THAT WOULD BE NICE.

SLUSHER: I WILL DO THAT. THE TEXT IS ALREADY IN THE AGENDA OFFICE ON THE SOLID WASTE ONE.

MAYOR GARCIA: OKAY, THANK YOU. ANYBODY ELSE HAVE ANY ANNOUNCEMENTS WITH REGARD TO UPCOMING ITEMS?

MAYOR, CAN WE CLARIFY ONE THING. ON THE CONSENT AGENDA, I READ ITEM 5 AS BEING POSTPONED.

MAYOR GARCIA: YES. AND -- I THINK THAT THAT -- WE NEED TO HAVE A RECONSIDERATION OF THAT ITEM BECAUSE WE HAVE ANNOUNCEMENT TO MAKE HERE IN JUST A MINUTE.

SO WE WILL PULL IT OFF OF THE CONSENT AGENDA --

MAYOR GARCIA: YES, LET ME GET A MOTION TO RECONSIDER THE CONSENT AGENDA. THIS IS A MOTION BY COUNCILMEMBER GRIFFITH.

GRIFFITH: SO MOVE, YES, SIR.

MAYOR GARCIA: SECONDED BY COUNCILMEMBER WYNN. ALL THOSE IN FAVOR OF RECONSIDERATION OF THE CONSENT AGENDA SAY AYE?

AYE.

OPPOSED NO. WE WILL RECONSIDER ITEM NO. 5.

GRIFFITH: SO MOVE.

MAYOR GARCIA: MOTION BY COUNCILMEMBER GRIFFITH, SECONDED BY COUNCILMEMBER THOMAS. ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE?

AYE.

OPPOSED NO.

THE MAYOR PRO TEM HAS ARRIVED. MAYOR PRO TEM ARE YOU READY FOR ITEM NO. 5 OR SHOULD WE GO TO ANOTHER ITEM AND THEN BACK TO ITEM NO. 5 FOR YOU?

ON ITEM NO. 4, THAT ITEM WILL BE CONSIDERED AFTER EXECUTIVE SESSION.

GRIFFITH: THAT'S A GOOD IDEA, THANK YOU, MAYOR. STEM NO. 11, I PULLED THAT ONE. THE REASON I PULLED ITEM NO. 11 IS BECAUSE I WOULD LIKE THE COUNCIL TO CONSIDER THIS ITEM WITH THE INCLUSION OF WORK SESSIONS ON WEDNESDAY. I WOULD LIKE TO REINSTITUTE THE WEDNESDAY WORK SESSIONS AND IT MAY BE THAT WE WANT TO CONSIDER THIS NEXT WEEK, IF THAT'S OKAY WITH EVERYBODY. SO -- SO LET ME MOVE TO POSTPONE THIS ITEM FOR A WEEK, I WILL HAVE SOMETHING OUT TO YOU ON THE REINSTITUTION OF THE WORK SESSION, WE WILL HAVE DISCUSSION DURING THE WEEK ON HOW WE CAN DO THAT. I WILL ENTERTAIN A MOTION TO THAT EFFECT.

GRIFFITH: SO MOVE.

MAYOR GARCIA: MOTION BY COUNCILMEMBER GRIFFITH, SECONDED BY COUNCILMEMBER ALVAREZ. ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.

AYE.

ITEM NO. 10 PASSES ON A VOTE OF 7 TO 0. ITEM NO. 11 I'M SORRY. ITEM NO. 16, COUNCILMEMBER GRIFFITH? I THINK YOU MAY HAVE DISCUSSED THIS ONE.

YES, ITEM NO. 16 IS THE SLAUGHTER CREEK EASEMENT SITUATION. AND I WANTED TO BE SURE THAT THE APPLICANT HAD BEEN OFFERED THE OPPORTUNITY TO -- TO DO A TRAIL EASEMENT. CAN WE CHECK ON THAT?

MAYOR GARCIA: IS THERE ANYBODY FROM THE STAFF HERE THAT CAN ADDRESS THAT ISSUE. WATERSHED PROTECTION?

GREG GUERNSEY.

MAYOR GARCIA: GREG GUERNSEY FROM ZONING.

PLANNING AND ZONING DEPARTMENT. WE WILL GET IN TOUCH WITH THE APPLICANT AND SEE IF -- THEIR DESIRE TO EXTEND THE A PORTION OF THE TRAIL SYSTEM EASEMENT. I DON'T THINK IT'S BEEN SPECIFICALLY DISCUSSED BY PARK STAFF.

OKAY. THAT -- THAT PIECE IS, I BELIEVE, IN -- IN THE METROPOLITAN TRAIL SYSTEM PLAN AND COULD BE -- COULD BE A VERY CRITICAL PART. COULD WE MOVE TOWARDS A POLICY TOWARD A TRADITION WHEN THERE'S A PIECE OF LAND COMING IN FOR DEVELOPMENT THAT IS IN THE MAST E.R. PLAN FOR THE TRAIL SYSTEM, -- MASTER PLAN FOR THE TRAIL SYSTEM, THAT THE TRAIL EASEMENT OPPORTUNITY IS ALWAYS DISCUSSED WITH THE APPLICANT? WE CAN GET IN TOUCH WITH THE PARKS DEPARTMENT AND FIND OUT WHERE THAT MAP IS AND SHARE THAT INFORMATION.

GRIFFITH: OKAY. THANKS.

MAYOR GARCIA: DO YOU HAVE A MOTION ON THAT ITEM PARTICULAR, COUNCILMEMBER GRIFFITH? GIFT IT WOULD BE --

IT WAS ON THE CONSENT AGENDA TO POSTPONE FOR ONE WEEK.

GARZA: SO WE WILL HAVE DIRECTION FOR US TO APPROACH THE LANDOWNER, TO SEE IF THERE'S A POSSIBILITY FOR A DEDICATION OR FOR THE TRAIL EASEMENT --

MAYOR GARCIA: SO --

GRIFFITH: YES, ALSO -- GOOD. ALSO, COULD WE THINK ABOUT -- ALWAYS DOING THAT WHEN A PIECE OF LAND COMES IN THAT'S IN THE TRAIL SYSTEM.

GARZA: MAYOR AND COUNCIL, WHAT WE WILL DO IS HAVE ALICE GLASGO AND MR. OLIVERAS WORK TOGETHER TO DETERMINE WHAT TYPE OF TRIGGERS THAT WE WOULD NEED SO WHEN THOSE DEVELOPMENTS COME FORWARD, MR. HEIGHTS IS GOING TO HAVE TO BE INVOLVED AS WELL, TO ASCERTAIN EXACTLY WHERE THE MASTER PLAN CALLS FOR THE EASEMENTS TO BE, TRY TO THE DEGREE THAT WE CAN TO MARRY THOSE.

GRIFFITH: EXCELLENT.

MAYOR GARCIA: THIS ITEM WAS APPROVED ON CONSENT FOR POSTPONEMENT FOR ONE WEEK, SO I CAN RESTATE THAT SINCE I MADE A LITTLE MISTAKE IN THE HANDLING OF THIS ITEM. ITEM NO. 20 APPROVE RESOLUTION AUTHORIZING NEGOTIATION AND EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH TURNER, COLLIE AND BRADEN TO PROVIDE PRELIMINARY ENGINEERING, PULLED BY COUNCILMEMBER SLUSHER. COUNCILMEMBER SLUSHER?

YES, MAYOR. I HAD A COUPLE OF QUESTIONS FOR MR. REIKE. I THINK I KNOW THE ANSWER, I WANT TO HAVE PUBLIC DISCUSSION ON IT ANYWAY. ON THE MATRIX WHERE PREVIOUS CITY OF AUSTIN WORK, TURNER, COLLIE AND BRADEN GOT THE FULL 60'S POINTS, IS THAT CORRECT?

THAT'S CORRECT.

SLUSHER: THAT WOULD MEAN IN ORDER TO GET THAT'S -- TO GET THAT, WHAT'S THE QUALIFICATION FOR THAT?

OVER THE FIVE YEARS PRECEDING THE RECEIPT OF THE PROPOSALS, THE CONSULTANT HAS NOT RECEIVED ANY NEW CONTRACTS, NOT AMENDMENTS. ANY NEW CONTRACTS EXCEEDING THE AMOUNT OF -- OF UP TO $50,000.

OKAY. SO -- BUT THEY HAVE ON THE SOUTH AUSTIN REGIONAL, THEY'VE HAD A NUMBER OF AMENDMENTS TO THAT CONTRACT OVER THE LAST FIVE YEARS.

THAT IS CORRECT, SIR.

SLUSHER: IS THAT SOMETHING THAT WE ARE LOOKING AT WHEN WE ARE REDOING THE MATRIX, ARE WE LOOKING AT THAT TO SEE IF WE THINK THAT'S FAIR?

THE PROPOSED NEW MATRIX WILL INCLUDE THE COST OF AMENDMENTS INTO THE EVALUATION. IN OTHER WORDS, ANY WORK THAT HAS BEEN AWARDED BY AMENDMENT OR CONTRACT OVER THE FIVE YEAR PERIOD WILL BE CONSIDERED.

OKAY. AND --

GARZA: COUNCILMEMBER, WE ARE GOING TO TRY TO PUT THAT ITEM BACK ON, ON THE 13TH. WE HAD TO CHECK WITH ONE COUNCILMEMBER'S OFFICE, BUT THAT WILL BE READY TO GO FOR THE COUNCIL TO ADOPT THAT AS A POLICY.

SLUSHER: IF THAT HAD BEEN DIFFERENT, WOULD THEY HAVE GOTTEN ZERO OR WOULD THEY HAVE GOTTEN ONE OR TWO POINTS IF THAT HAD BEEN IN PLACE NOW?

I BELIEVE THEY WOULD HAVE GOTTEN ZERO POINTS.

SLUSHER: REALLY? SO THEY WOULD HAVE COME IN SECOND ON --

THAT IS CORRECT.

SLUSHER: OKAY. ALL RIGHT. WELL, I'M THINKING THAT -- I'LL SEE WHAT THE OTHER COUNCILMEMBERS HAVE TO SAY, BUT WE PROBABLY OUGHT TO STICK WITH THE SYSTEM THAT WE HAD FOR THIS CONTRACT THAT WAS IN PLACE WHEN WE LET THE -- LET OUT THE BID. OR THE RFP. BUT THAT'S -- THAT'S ALL THE QUESTIONS THAT I HAVE.

MAYOR GARCIA: THANK YOU, MAYOR PRO TEM.

GOODMAN: LET ME APOLOGIZE IF PETER JUST SAID THIS, I WAS TALKING ABOUT ANOTHER ITEM, I'M SORRY. DID YOU TALK ABOUT WHAT ON THE MATRIX FOR BROWN AND CALDWELL CONSTITUTED THE ABILITY TO GIVE THEM A 5 FOR PREVIOUS CITY WORK? I UNDERSTAND THAT THE TOTAL AMOUNT OF CONTRACTS THAT THEY HAVE RECEIVED IN THE PRECEDING FIVE YEARS WAS, I BELIEVE, JUST UNDER $250,000. LET ME JUST MAKE SURE.

GOODMAN: I THINK THAT WAS A CONTRACT. BUT WAS THERE ACTUALLY ANY WORK INVOLVED.

THAT I CANNOT ANSWER.

GOODMAN: MAYOR, THE REASON THAT I ASK IN COUNCIL, ALTHOUGH MY UNDERSTANDING IS THAT THEY RECEIVED A CONTRACT, THE 5 POINTS ASSUMES THAT THE CONTRACT WENT THROUGH AND THAT WORK WAS DONE AND THEY WERE PAID. IN THIS CASE, WHAT I BELIEVE HAPPENED, WAS A 5 DOES NOT ADEQUATELY SHOW THE STATUS OF THIS PARTICULAR COMPANY BECAUSE NO WORK ACTUALLY CAME THROUGH ON THAT CONTRACT, SO EVEN THOUGH THEY GET 57 POINTS, THEY HAD ZERO DOLLARS AND ZERO WORK FOR THAT CONTRACT. SO IT'S A LITTLE MISLEADING TO GIVE THEM A 5, I THINK, IN THIS SITUATION.

I THINK, --

MAYOR GARCIA: I THINK, ALSO, MR. REIKE, MY RECOLLECTION FROM -- FROM THE LAST TIME THAT I WAS HERE WAS THAT THAT PARTICULAR PROVISION AND THE AWARDING OF POINTS WAS BASICALLY FOR THE PURPOSE OF MAKING SURE THAT -- THAT EVERYBODY HAS WANTED TO WORK -- THAT WANTED TO WORK HAD AN OPPORTUNITY TO DO IT. I THINK THAT PERHAPS THIS ONE GOT CAUGHT IN A TECHNICALITY. BUT THAT TECHNICALITY, I DON'T THINK, ADDRESSES WHAT THE COUNCIL WANTED TO DO AND THAT WAS TO DISTRIBUTE THE WORK AMONG THE FIRMS. SO I THINK IT'S -- WHAT IS GOING TO BE CORRECTED WITH THE CHANGE THAT YOU WANT TO PROPOSE?

YES, SIR.

HOW WOULD THAT BE DONE?

AGAIN, WE ARE COUNTING ALL OF THE AMENDMENTS THAT TAKE PLACE DURING THE FIVE YEAR PERIOD THAT'S CONSIDERED. IN OTHER WORDS, THE AMOUNT THAT IS FOR INSTANCE NOT COUNTED FOR TURNER, COLLIE AND BRADEN IN THIS CASE, WOULD BE COUNTED AND IT WOULD PUT THEM TO ZERO POINTS. CLEARLY THE PROPOSED MATRIX ADDRESSES THIS ISSUE BY LOOKING AT ALL OF THE WORK THAT THEY HAVE RECEIVED EITHER BY ORIGINAL CONTRACT OR BY AMENDMENT.

MAYOR GARCIA: OKAY.

GARZA: I THINK THAT TO PIGGYBACK ON WHAT THE MAYOR PRO TEM WAS TALKING ABOUT, IF -- THE ONLY WAY 5 DOESN'T REFLECT IT IS IF IN FACT THE STAFF WOULD ASSURE FOR THE COUNCIL AND MYSELF THAT WE INTEND TO CANCEL THAT CONTRACT. IF OUR INTENT IS NOT TO CANCEL THAT QUARTER OF A MILLION DOLLARS CONTRACT AND THEREFORE THEY WILL RECEIVE THE QUARTER OF A MILLION DOLLAR CONTRACT, IT MIGHT BE A CORRECT THING TO HAVE THE FIVE POINTS. THAT REALLY HINGES ON WHETHER WE INTEND TO FOLLOW THROUGH AND EXECUTE ON THAT. I REALLY DON'T HAVE THAT INFORMATION FOR YOU THIS MORNING.

AYOR GARCIA: FURTHER QUESTIONS? AERZ I GUESS --

ALVAREZ: I GUESS, I MEAN THE -- WHAT THE MAYOR PRO TEM RAISED IS AN ISSUE THAT I HEAR FROM OTHER FOLKS. ESPECIALLY UNDER ROTATING CONTRACTS WHERE MAYBE THEY -- I DON'T KNOW HOW THAT WORKS IN TERMS OF THIS PREVIOUS WORK. BUT -- BUT THEY DON'T NECESSARILY GET, YOU KNOW, THE LARGER AVERAGE SIZED CONTRACT, THEY GET THE SMALLER CONTRACTS. BUT -- BUT MAYBE THAT'S NOT A GOOD EXAMPLE. BUT I THINK IT'S WORTH, ALSO, DETERMINING -- FIGURING OUT HOW WE ARE GOING TO EVALUATE THAT -- THOSE SITUATIONS, ALSO, WHEN WE ARE -- WHEN WE ARE SCORING THESE APPLICATIONS AND -- THE OTHER THING IS IN TERMS OF THIS MOVING FORWARD, I KNOW THAT THERE'S SOME OTHER CHANGES TO THE -- TO THIS CONSULTANT QUALIFICATIONS MATRIX. AND WILL THIS COME TO US QUICKER THAN THE REST OF THE AMENDMENTS OR HOW -- HOW IS THAT WORKING?

THE AMENDMENTS THAT HAVE BEEN PROPOSED HERE ABOUT A COUPLE OF MONTHS AGO, MY SENSE IS THAT WE ARE THROUGH WITH THE ADDITIONAL WORK THAT THE COUNCIL ASKED US TO DO. AND WE WOULD BE READY TO BRING THAT FORWARD TO THE COUNCIL. PETER, YOU MAY HAVE SOME ADDITIONAL INFORMATION THAN THAT.

WE HAVE LOOKED INTO THE QUESTIONS THAT HAVE BEEN RAISED AND I BELIEVE THAT WE -- THAT WE HAVE COME TO THE CONCLUSION WHAT TO DO WITH THOSE. SO IF -- IF NECESSARY, WE -- WE CAN ADDRESS THOSE ONCE MORE IN A MEMO TO MAYOR AND COUNCIL OR GIVE YOU A BRIEFING ON THOSE ISSUES.

LVAREZ: WELL, I BELIEVE THERE'S STILL SOME WORK TO BE DONE IN TERMS OF THAT REVISED MATRIX, BUT TO ME IT SEEMS LIKE THESE ARE VERY SPECIFIC RECOMMENDATIONS, CHANGES THAT COULD BE MADE, AND IT SEEMS LIKE THEY WOULDN'T EVEN BE CHANGED TO THE MATRIX, BUT TO -- TO A SUPPORTING DOCUMENT, THE ATTACHMENT THAT SAYS THIS IS HOW WE ARE GOING TO SCORE IT. SO IT DOESN'T SEEM LIKE THAT NEEDS TO WAIT UNTIL THESE CHANGES TO THE -- TO THE PROFESSIONAL SERVICES MATRIX COME FORWARD. SO --

GARZA: PETER, IS THIS A MATTER OF POLICY OR A MATTER OF -- IN TERMS OF HOW THE MATRIX IS SCORED, THOSE CHANGES WERE BROUGHT BACK FOR COUNCIL COMEO REVIEW, COULD WE DO THOSE ADMINISTRATIVELY.

THE INTERNAL DISTRIBUTION, THE INTERNAL SETTING OF POINTS, THE WAY THAT'S INTENDED, IT'S SIMILAR TO WHAT WE HAVE IN THE CURRENT MATRIX, BUT MORE SOPHISTICATED, THE WAY IT'S INTENDED IS THAT DEPENDING UPON THE SPECIFIC NEEDS OF THE PROJECT, WITHIN THE PARTICULAR CRITERIA, WE CAN MODIFY THE POINTS. HOWEVER THIS IS NOT DONE AFTER THE RFQ IS ON THE STREET AND HAS BEEN RECEIVED. IT IS CLEARLY STATED OR THE INTENT IS TO CLEARLY STATE IT IN THE REQUEST FOR QUALIFICATIONS SO THAT EVERYBODY EXACTLY KNOWS WHAT ELEMENT OF A CERTAIN CRITERIA IS RANKED WITH HOW MANY POINTS OUT OF THE TOTAL CRITERIA IS.

WE CAN DO THAT IMMEDIATELY WITHOUT PASSAGE FROM THAT ITEM 2 WEEKS AGO OR TWO MONTHS AGO?

REIKE: WELL, THE POINT ALLOCATION AND THE GROUPING OF CRITERIA IN THE PROPOSED MATRIX IS QUITE DIFFERENT. AND SO -- SO IT'S -- IT'S A LOT MORE DIFFICULT BECAUSE THERE ARE MORE EVALUATION ITEMS IN THE CURRENT MATRIX THAN THERE WILL BE IN THE FUTURE MATRIX TO -- TO TRULY REFLECT THE SAME KIND OF APPROACH THAT WE WERE LOOKING AT WITH THE REVISED MATRIX, WHICH BY THE WAY HAS GONE THROUGH AN EXTENSIVE PUBLIC PROCESS INVOLVING THE CONSULTANT COMMUNITY HERE IN AUSTIN.

ALVAREZ: I GUESS WHAT I WAS -- IF I COULD, MR. CITY MANAGER, YEAH, I WASN'T SAYING LET'S MOVE FORWARD WITH CHANGING THE POINT ALLOCATIONS FOR EACH CATEGORY. YOU KNOW, I WAS -- THOSE ARE THINGS THAT I THINK THERE'S STILL SOME FURTHER DISCUSSION TO BE HAD. BUT WHAT I AM SAYING IS UNDER THE CURRENT NUMBER 6, OR NUMBER -- I MEAN PREVIOUS CITY OF AUSTIN WORK, WHICH HAS 6 POINTS, JUST BE CLEAR UNDER THIS ATTACHMENT THAT EXPLAINS WHAT THE EVALUATION CRITERIA ARE, HOW IT'S GOING TO BE SCORED.

GARZA: I UNDERSTAND YOU. I THINK WHAT ALL THAT I WAS ASKING PETER IS THAT IF WE -- IF WE CAN MAKE THAT ADJUSTMENT PROSPECT ACTIVELY, ON AN ADMINISTRATIVE BASIS, WE WILL DO THAT. IN ADDITION, WE WILL TRY TO INCORPORATE TO THE DEGREE THAT WE CAN THE MAYOR PRO TEM'S COMMENT WHERE PEOPLE HAVE BEEN AWARDED A CONTRACT, NOT EXECUTED THE CONTRACT, WE HAVE TO MAKE SOME VALUE JAMENT OF -- JUDGMENT OF WHETHER WE ARE GOING TO EXECUTE THAT CONTRACT OR NOT. IF THE EVENT THAT WE ARE NOT GOING TO BE EXECUTING THAT CONTRACT, THEN I AGREE WITH THE MAYOR PRO TEM THAT IT'S UNFAIR FOR US TO BE COUNTING POINTS WHEN WE DON'T HAVE ANY INTENTION OF SPENDING THOSE DOLLARS WITH THAT COMPANY.

GOODMAN: MAYOR, AND THE OTHER -- ON THE OTHER SIDE OF THAT ISSUE IS THE MISLEADING ASPECT OF HAVING AMENDMENTS THAT ARE CONTINUALLY ADDED TO IT, SO I DIDN'T WANT US TO FORGET THAT.

MAYOR GARCIA: SURE.

GOODMAN: IF IT'S APPROPRIATE FOR A MOTION, I HAVE ONE, HOWEVER.

MAYOR GARCIA: OKAY, LET ME ALSO MENTION ONE OTHER THING, THAT THE STAFF -- I WOULD LIKE FOR THE STAFF TO CONSIDER WHEN YOU ARE GOING THROUGH THIS -- THIS MODIFICATION OF THE PROCESS, THAT IS SOMETIMES WE DO INTERVIEWS AND SOMETIMES WE DON'T AND THE COUNCIL DOESN'T KNOW WHAT CRITERIA APPLIES. WITH REGARD TO THAT DECISION. WHEN DO WE DO IT, WHEN WE DON'T DO IT. I THINK THAT -- AT THE TIME THAT WE BRING THIS BACK, I THINK WE NEED AN EXPLANATION OF THAT -- OF THAT PART OF THE POLICY.

YES, SIR.

MAYOR PRO TEM?

GOODMAN: BECAUSE I FEEL STRONGLY ABOUT THIS, AND I DON'T KNOW IF I WILL GET A SECOND, BUT AT LEAST FOR DISCUSSION I HOPE THAT I WILL, I WOULD MAKE THE MOTION THAT -- THAT WE GO WITH THE SECOND RECOMMENDATION ON THIS CONTRACT BY -- BY STAFF, WHICH IS BROWN AND CALDWELL.

MAYOR GARCIA: OKAY. IS THERE A SECOND? I'M GOING TO SECOND IT FOR DISCUSSION.

GOODMAN: THANKS, MAYOR. THE REASON BEING, THE PRACTICAL APPLICATION OF THE THINGS THAT WE HAVE BEEN TALKING ABOUT, AND I WANT TO MAKE IT VERY CLEAR FROM THE BEGINNING THAT I HAVE ABSOLUTELY NO PROBLEM WITH TURNER, COLLIE AND BRADEN, I THINK THEY ARE ONE OF THE BEST COMPANIES THAT WE DEAL WITH. AND I THINK WE CAN PROVE THAT BY THE AMOUNT OF DOLLARS THAT WE HAVE PUT THEIR WAY BECAUSE WE ARE TRUSTING THEM WITH THE TREATMENT PLANT. THIS PARTICULAR PROJECT IS A BRAND NEW AND AS YET UNIMPLEMENTED TREATMENT CENTER. SO IT'S NOT AS IF WE ARE TAKING ANYTHING AWAY FROM TURNER, COLORADODY, BRADEN AND -- COLLIE, BRADEN, CERTAINLY NOT THE JOB THAT THEY ARE ON FOR US RIGHT NOW, WHICH IS CREEPING UP ON -- ON THE $17 MILLION TOTAL AT THE MOMENT. SO I'M NOT IN ANY WAY TRYING TO TAKE MONEY AWAY OR CONTRACT OR COMMITMENT AWAY FROM TCB. BUT IN THIS CASE, BECAUSE OF THAT ALMOST $17 MILLION OR 16 -- BETWEEN 16 AND 17 MILLION AND BECAUSE BROWN AND CALDWELL'S REASON FOR GETTING THE 5 ON THE MATRIX TURNED OUT TO BE NOTHING, THERE SEEMS TO BE A DISPARITY HERE. BECAUSE IT IS A NEW PROJECT, THEN I'M COMFORTABLE IN THIS INSTANCE AND FOR THE RECORD, I JUST WANT TCB TO REMEMBER WHEN I KIND OF DID THIS FOR THEM IN THE PAST, BECAUSE THE MATRIX WAS A LITTLE SKEWED, TOO, SO THIS IS NOTHING AT ALL IN -- IN ANY WAY DETRIMENTAL TO TCB'S AIBLGHTD TO DO BUSINESS WITH -- ABILITY TO DO BUSINESS WITH THE CITY OR MY ATTITUDE TOWARD THEM.

MAYOR GARCIA: THANK YOU, MAYOR PRO TEM, WE HAVE ONE SPEAKER, PERVEZ JAMAIL. WELCOME, SIR.

THANK YOU, MAYOR. COUNCILMEMBERS. MY NAME IS PERVEZ JAMAIL, I'M WITH BROWN AND CALDWELL. I JUST WANTED TO INTRODUCE OUR FIRM TO YOU. WE HAVE A LARGE NATIONAL FIRM WITH ABOUT 1100 EMPLOYEES IN 42 OFFICES THROUGHOUT THE COUNTRY. WE HAVE BEEN IN BUSINESS FOR OVER 50 YEARS. WE ARE CONSIDERED ONE OF THE NINE -- 9TH LARGEST FIRMS IN WASTEWATER ENGINEERING THROUGHOUT THE NATION BY THE ENGINEERING NEWS RECORD. WE HAVE BEEN IN AUSTIN FOR THE LAST THREE YEARS. AND I'VE BEEN HEARING THE DISCUSSIONS. WE WERE AWARDED ONE CONTRACT ON THE ROTATION LIST ABOUT A YEAR AGO. THAT WAS WORTH $150,000. TO DATE WE HAVE RECEIVED NOTHING. AT ALL. I WANT TO TELL YOU I CAME TO AUSTIN ABOUT SIX MONTHS AGO TO START THE MUNICIPAL BUSINESS AND START WORKING WITH THE CITY BECAUSE I BELIEVE THAT WE CAN PROVIDE EXCELLENT SERVICE THROUGHOUT -- TO THE CITY OF AUSTIN, ESPECIALLY IN WASTEWATER TREATMENT. WE HAVE DONE ROUGHLY 150 WASTEWATER TREATMENT PLANTS THROUGHOUT THE COUNTRY IN THE LAST 10 YEARS. ALL OF THEM HAVE BEEN EXTREMELY SUCCESSFUL AND WORK, THE [INAUDIBLE] TO DATE. I HAVE BEEN PERSONALLY INVOLVED WITH SEVERAL OF THEM. WE HAVE WORKED ON AT LEAST 10 WASTEWATER TREATMENT PLANTS IN THE STATE OF TEXAS IN THE LAST 10 YEARS. WE ARE HERE TO SERVE. ONE OF MY GOALS IS THAT WE ARE GOING TO COME HERE AND TRAIN THE MINORITY SUBCONSULTANTS SO THAT THEY BECOME INDEPENDENT AND SELF SUFFICIENT. THAT'S MY GOAL. I HAVE APPROACHED EVERY ONE OF THE MINORITY SUBCONSULTANTS THAT I COULD FIND AND CONVEYED THAT TO THEM AND OFFERED MY SUPPORT AND HELP. I'M HERE TO HELP THE CITY OF AUSTIN. WE WOULD LOVE TO DO SOME WORK FOR YOU IF WE GET THE OPPORTUNITY. I APPRECIATE YOUR TIME. IF YOU HAVE ANY QUESTIONS --

MAYOR GARCIA: ARE THERE ANY QUESTIONS FROM THE COUNCIL FOR MR. JAMAIL? THANK YOU, SIR.

THANK YOU.

MAYOR GARCIA: ALSO SIGNED UP TO SPEAK ON THIS ITEM IS MR. JERRY HARRIS. MR. HARRIS, WELCOME, SIR. GOOD MORNING.

GOOD MORNING, MAYOR. MAYOR, MEMBERS OF THE STOP YOU, MY NAME IS JERRY HARRIS, I'M WITH BROWN MCCAROL, I HAVE REPRESENTED TCB FOR MANY YEARS. AND OF COURSE TCB IS VERY, VERY APPRECIATIVE OF THE WORK THAT IT'S BEEN ABLE TO DO WITH THE CITY OF AUSTIN. TCB HAS BEEN IN THE CITY FOR 30 YEARS. TCB HAS 50 -- 15 EMPLOYEES HERE IN AUSTIN. ALL THE WORK ON THIS CONTRACT WILL BE DONE HERE IN AUSTIN BY THESE EMPLOYEES. TCB IS PARTICULARLY APPRECIATIVE OF THE WORK IT'S BEEN ABLE TO DO ON THE SOUTH AUSTIN REGIONAL WASTEWATER PLANT. IT'S BEEN A MARVELOUS JOB. I WOULD LIKE TO POINT OUT THAT OF THE -- APPROACHING 16 AND SOME MILLION DOLLARS ON THAT PROJECT, THAT TCB'S PORTION OF THAT HAS BEEN 40%. 60% HAS GONE TO -- TO SUBCONTRACTORS, ALMOST 40% OF THAT HAS BEEN TO MINORITY BUSINESS ENTERPRISES, IN THAT PARTICULAR SITUATION. SO TCB HAS DONE A GOOD JOB IN ACCOMPLISHING ALL OF THE GOALS OF THE CITY OF AUSTIN. TCB HAS BEEN A PARTICIPANT IN HELPING THE CITY ESTABLISH THESE MATRICES, WHICH GIVE EVERYBODY THE RULES THAT THEY KNOW THEY ARE GOING TO HAVE TO -- TO COMPETE WITHIN WHEN THEY SPEND MONEY TRYING TO WIN CITY PROJECTS. THAT IS AN EXTREMELY IMPORTANT POINT. TCB HAS NO PROBLEM WITH REWORKING THE MATRIX, SO THAT ONCE AGAIN PEOPLE CAN SAY, "OH, THOSE ARE THE RULES, WELL, WE ARE NOT GOING TO GET ANY POINTS, WHY SHOULD WE PUT OUR PEOPLE TO WORK PUTTING TOGETHER THE PROPOSALS, GOING TO THE INTERVIEWS BECAUSE WE KNOW WHAT THE RULES ARE." AND THIS IS A CASE WHERE THEY KNEW WHAT THE RULES WERE, EVERYBODY KNOWS WHAT THE RULES WERE, AND YOU CAN GAUGE WHERE YOU ARE GOING TO GET POINTS OR NOT IN THE -- IN -- AND DECIDE WHETHER OR NOT YOU ARE GOING TO SPEND YOUR PEOPLE'S EFFORT TO COMPETE. TELECOMMUNICATION COMPETED -- TCB COMPETED UNDER THE RULES. THEY WERE THE STAFF RECOMMENDED PROPOSER. AND THE WATER AND WASTEWATER COMMISSION PROPOSED THEM AND WE JUST STRONGLY URGE YOU, THIS IS AN IMPORTANT PIECE OF BUSINESS TO TURNER, COLLIE AND BRADEN. THEY HAVE A LARGE ORGANIZATION OF QUALIFIED ENGINEERS WHO NEED TO HAVE WORK BROUGHT INTO THEIR SYSTEM TO BECOME VIABLE WHEN THEY PARTICIPATE UNDER THE RULES AND ARE SUCCESSFUL, I THINK WE SHOULD REALLY CONSIDER THAT THEY SHOULD BE GIVEN THE CONTRACT AND IF THEY CHANGE THE MATRIX IN THE FUTURE, TCB WILL BE THE FIRST TO -- TO UNDERSTAND THOSE, HELP PARTICIPATE IN THOSE [BUZZER SOUNDING] AND SUPPORT ANYBODY WHO WINS UNDER THE THEN CURRENT MATRIX. THANK YOU VERY MUCH. I HOPE THAT YOU ALL HAVE A WONDERFUL DAY.

MAYOR GARCIA: THANK YOU, MR. HARRIS. QUESTIONS FOR MR. HARRIS?

THANK YOU, MAYOR.

THANK YOU.

ALVAREZ: MAYOR?

MAYOR GARCIA: COUNCILMEMBER ALVAREZ?

ALVAREZ: I JUST WOULD LIKE FOR WEIGH -- TO WEIGH IN HERE, SINCE IT WAS BROUGHT UP SEVERAL WEEKS BACK, I HAVE BEEN SORT OF STUDYING THE ISSUE. BUT PERSONALLY I THINK -- I MEAN, I KIND OF AGREE WITH THE COMMENTS MR. HARRIS MADE ABOUT -- THIS IS SOMETHING -- A COMMENT THAT WE HEAR FROM THE BUSINESS COMMUNITY A LOT IS WE WANT TO KNOW WHAT THE RULES ARE THAT WE ARE ALL OPERATING UNDER. AND THAT IF -- YOU KNOW, I DO BELIEVE THAT THESE ARE LEGITIMATE WAYS THAT WE CAN CHANGE THE PROCESS OR THESE CRITERIA TO IMPROVE IT. BUT I THINK LIKE THE CITY MANAGER MENTIONED, I THINK THAT SHOULD BE A PROSPECTIVE THING AND NOT SOMETHING THAT IN THIS PARTICULAR CASE WE ARE GOING TO CHANGE THE RULES AT THE VERY END OF THE GAME HERE. AND BUT OBVIOUSLY IT COULD BE A LOT CLOSER THAN IT IS. IT'S REALLY -- YOU KNOW, THERE'S A FIVE POINT SPREAD. SOMETIMES WE ACTUALLY SEE THAT THESE ARE MUCH CLOSER AND MAYBE IF YOU REWORK THESE THE WAY WE SCORE THESE, IT MIGHT BE CLOSER, BUT AGAIN I PERSONALLY DON'T FEEL COMFORTABLE SAYING, WELL, WE ARE GOING TO CHANGE THE WAY WE -- WE LOOK AT THESE THINGS AT THE VERY END OF THE GAME HERE AT THE VERY END OF THE PROCESS. SO I'M NOT GOING TO BE SUPPORTING THE MAYOR PRO TEM'S MOTION.

WYNN: MAYOR?

MAYOR GARCIA: COUNCILMEMBER WYNN?

WYNN: I AGREE WITH COUNCILMEMBER ALVAREZ AND WITH ALL DUE RESPECT TO MR. JAMAIL, I DON'T THINK A COUPLE OF MINUTES BEFORE THIS VOTE IS WHEN SOME OF US NEED TO BE INTRODUCED TO HIS FIRM. IT SOUNDS LIKE A VERY GOOD, LARGE FIRM THAT WE NEED TO HAVE WORKING FOR US HERE IN AUSTIN. BUT I -- I DON'T SEE AN OVERRIDING REASON TO OVERTURN A STAFF ANALYSIS AND RECOMMENDATION AT THIS TIME. I AGREE WITH SOME OF THE COMMENTS ABOUT, YOU KNOW, THE TECHNICALITIES AND THE NUANCES OF THIS SYSTEM. I'M ALL FOR TRYING TO ADDRESS THAT. BUT I DON'T THINK THIS IS THE -- THE TIME AND THE FORUM TO MAKE THAT LEAP. SO I WILL -- I WILL NOT BE SUPPORTING THE SUBSTITUTE MOTION.

MAYOR GARCIA: COUNCILMEMBER GRIFFITH?

GRIFFITH: THE -- THE POINT THAT WAS MADE ABOUT CHANGING THE DEAL AT THE END IS ONE THAT -- THAT REST SON NATURE WITH ME. -- RESONATES WITH ME SO I THINK WE NEED TO STAY WITH THE PROGRAM UNTIL WE CHANGE THE PROGRAM AND STAY WITH THAT PROGRAM.

MAYOR GARCIA: ANYBODY ELSE?

GOODMAN: YES, MAYOR.

MAYOR GARCIA: MAYOR PRO TEM?

GOODMAN: BEING ABLE TO COUNT VERY WELL, THIS DOESN'T LOOK GOOD. BUT LET ME JUST SAY THAT ON THE ISSUES BROUGHT UP, AND AGAIN LET ME REASSURE MR. HARRIS THAT THIS HAS NOTHING TOO WITH TCB, BUT THERE'S A DIFFERENCE BETWEEN RULES AND MISAPPLICATION. WHEN A FIVE ON PREVIOUS WORK IS SUPPOSED TO INDICATE PREVIOUS WORK AND MONEY FOR A COMPANY, YOU MUST ASSUME THAT THAT WAS THE CASE. AND IN THIS CASE THERE WAS NONE. THERE WAS A ROTATIONNAL SHARE OF A CONTRACT WHICH WAS NOT ANYTHING THAT RESULTED IN ACTUAL WORK. SO THE FIVE IS NOT A MISAPPLICATION OF THE -- MISAPPLICATION OF THE RULE BUT IT IS A MISAPPLICATION OF THE ACTUAL STATUS. THAT I THINK IS DIFFERENT FROM CHANGING RULES IN THE MIDDLE OF THE GAME. BECAUSE IN THIS CASE THE 5 DIDN'T MEAN A 5 AND 6 THEN TAKES ON A WHOLE NEW MEANING. BECAUSE OF THE LOBBYING RULES THAT WE HAVE, I DON'T KNOW ANYBODY IN BROWN AND CALDWELL, BUT I DID REMEMBER THAT IN THE PAST COUPLE OF MONTHS, WE HAD AMENDED THE CONTRACT WE HAVE WITH TCB IN ORDER TO GIVE THEM SOMETHING LIKE 400,000 EXTRA DOLLARS FOR SOMETHING ELSE THAT HAD COME UP AND WE WANTED THEM TO MOVE ON WITH THAT. SO THAT -- THAT DOES NOT SEEM LIKE AN ACCURATE MEASURE OF NOT HAVING RECEIVED A CONTRACT OR DOLLAR AMOUNT AND WORK IN THE LAST FIVE YEARS. WHILE NOT RECEIVING ANY MONEY FOR A CONTRACT IN THE LAST FIVE YEARS APPARENTLY DOES CONSTITUTE HAVING PREVIOUS WORK WITH THE CITY. SO IT'S A MISAPPLICATION OF DEFINITION, I THINK, AND RANKING. NOT OF THE RULES. I VERY MUCH UNDERSTAND WHY ANYBODY WOULD WANT US NOT TO CHANGE RULES IN THE MIDDLE OF THE GAWP AND I'M NOT PROPOSING THAT -- IN THE MIDDLE OF THE GAME, I'M NOT PROPOSING THAT WE DO. I'M SAYING IF THE RULE SAYS X, THEN X IS WHAT WE EXPECT TO BE ON THAT MATRIX AND THAT'S NOT WHAT WAS THERE.

MAYOR GARCIA: FURTHER DISCUSSION? MAYOR PRO TEM, DO YOU WANT TO STICK WITH YOUR MOTION?

GOODMAN: YES, I DO.

MAYOR GARCIA: OKAY. ANY REQUEST FOR A ROLL CALL VOTE? OKAY.

THOMAS: MAYOR, BEFORE YOU DO THAT, IF YOU DON'T MIND, COULD I SPEAK JUST --

MAYOR GARCIA: COUNCILMEMBER THOMAS?

THOMAS: AS A MATTER OF FACT I WAS THE ONE THAT BROUGHT UP THE QUESTION ABOUT THIS ABOUT THREE OR FOUR WEEKS AGO. I HAD SOME QUESTIONS ANSWERED AND I'VE -- I'VE HAD SOME QUESTIONS IN MY MIND ABOUT THE WHOLE PROJECT. I AGREE WITH COUNCIL -- I MEAN MAYOR PRO TEM GOODMAN IS THAT THERE'S SOMETHING ABOUT THE MATRIX THAT I HAVE A PROBLEM WITH, TOO. I KNOW YOU MIGHT NOT WANT TO HEAR THIS, BUT MAYBE WE NEED TO PUT IT BACK OUT FOR REBID. I KNOW THAT'S A SORE WORD. BUT THERE'S A QUESTION THAT IS STILL NOT ANSWERED ABOUT -- ABOUT -- ABOUT THE MATRIX ABOUT -- ABOUT HAVING THE CONTRACT WITHIN THAT FIVE YEARS AND -- AND THEY DIDN'T HAVE A CONTRACT. SO I -- I DO HAVE A PROBLEM WITH THAT. SO -- SO I JUST NEEDED TO SAY THAT.

MAYOR GARCIA: OKAY. LET ME EXPLAIN THAT THE MATRIX, EVERYBODY UNDERSTANDS, THE MATRIX ON PREVIOUS CITY OF AUSTIN WORK GIVES 6 POINTS TO TURNER, COLLIE AND BRADEN, THAT'S THE ISSUE THAT'S BEING DISCUSSED, AND 5 POINTS TO BROWN AND CALDWELL AND APPLYING THE POLICY CONSISTENTLY, THAT WOULD BE THE WAY IT WOULD BE DONE FOR TCB, PROBABLY ON THE CASE -- IN THE CASE OF BROWN AND CALDWELL, THAT SHOULD HAVEMENTS BEEN A 5, THAT WOULD MOVE THEM TO 84.75 AND TCB HAS 89. SO -- SO THE ISSUE THEN COMES UP IS -- IF IN ESSENCE TCB HAD GOTTEN 0, THEN BROWN AND CALDWELL WOULD HAVE HAD A HIGHER SCORE. SO THAT'S -- THAT'S THE ISSUE THAT WE ARE DISCUSSING HERE. FURTHER DISCUSSION? OKAY. ALL THOSE IN FAVOR OF THE MOTION BY MAYOR PRO TEM GOODMAN PLEASE INDICATE BY SAYING AYE.

AYE.

MAYOR GARCIA: OPPOSED.

NO.

MAYOR GARCIA: OKAY. I THINK THE MOTION FAILS.

GOODMAN: THANKS A LOT, GUYS.

MAYOR GARCIA: I WILL ENTERTAIN A MOTION ON THE ITEM POSTED ON THE AGENDA.

WYNN: MAYOR, I MOVE APPROVAL OF ITEM NO. 20 AS POSTED.

MAYOR GARCIA: MOTION BY COUNCILMEMBER WYNN ON ITEM 20 TO AWARD THE CONTRACT TO TCB, IS THERE A SECOND? SECONDED BY COUNCILMEMBER GRIFFITH AND COUNCILMEMBER ALVAREZ. I HAVE A QUESTION ON THIS ONE, MAYOR -- I MEAN CITY MANAGER. HOW BIG IS THIS CONTRACT? POTENTIAL?

GARZA: I DON'T KNOW. LET ME ASK EITHER MR. REIKE OR MR. LIPPY, I DON'T KNOW WHETHER THIS IS ONE WHERE YOU WILL DO PHASE 1, PHASE 2, IT'S A PACKAGE PLAN. DID I DO THAT RIGHT? INTERIM. THAT'S NOT A PACKAGE PLAN, I'M SORRY.

MAYOR GARCIA: THE QUESTION, PETER, IS POTENTIALLY HOW BIG CAN THIS CONTRACT BE, HOW LONG WOULD IT STAY IN EFFECT?

MY UNDERSTANDING IS THAT BASED ON THE CONSTRUCTION VALUE, THE -- THE -- ALL OF THE NON-CONSTRUCTION COSTS IS ABOUT 2 MILLION. SO MY ASSUMPTION WOULD BE THAT THE PROFESSIONAL SERVICES ULTIMATELY WOULD BE IN THE RANGE OF ABOUT -- ABOUT $1 MILLION, UP TO $1 MILLION.

MAYOR GARCIA: MORE FOR TCB OR WHOEVER WINS PHASE 2?

REIKE: WELL, THIS IS FOR THE ELECTION FOR THE ENTIRE PROJECT. IT'S PRELIMINARY ENGINEERING THEN, THE DESIGN AND CONSTRUCTION PHASE SERVICES.

MAYOR GARCIA: SO TOTAL CONTRACT WOULD BE, DID YOU SAY A MILLION?

COULD BE UP TO A MILLION DOLLARS. OF COURSE WE WILL BRING ALL OF THE SUBSEQUENT AWARDS TO COUNCIL FOR CONSIDERATION.

MAYOR GARCIA: OKAY. ALL RIGHT. FURTHER QUESTIONS ON DID ITEM? -- ON THIS ITEM? ALL THOSE IF FAVOR SIGNIFY BY SAYING AYE?

AYE.

OPPOSED NO? ANY ABSTENTIONS? OKAY. MOTION CARRIES. MAYOR PRO TEM, ARE YOU READY ON ITEM NO. 5? OR ARE WE GOING TO DISCUSS THAT AFTER EXECUTIVE SESSION I --

GOODMAN: I'M NOT SURE IF THAT REALLY COMES, WELL, IT KIND OF DOES, I GUESS.

MAYOR GARCIA: LET ME DO ONE THING BEFORE WE GO INTO ITEM NO. 5. FAILED TO DO THIS. THE TIME CERTAIN ITEMS AT 1:30 WE WILL CONSIDER CITIZENS COMMUNICATION, AT 2:00 P.M., WE HAVE A BONDS SALE; AT 3:30 P.M. THE BOARD OF DIRECTORS MEETING OF THE AUSTIN HOUSING FINANCE CORPORATION, AT 4:00 P.M. ZONING CASES AND SINCE I LEFT THEY HAVE CHANGED THE MANNER IN WHICH THEY NUMBER THEM, NOW THEY ARE NUMBERED ITEMS Z1 THROUGH Z16. AT 5:30, LIVE MUSIC AND PROCLAMATIONS AND I HAVE TO ANNOUNCE THAT THE MAYOR PRO TEM THAT I WON'T BE HERE FOR THAT ONE, IF YOU COULD HELP ME ON THAT ONE THAT WOULD BE PRESSURETED -- WOULD BE APPRECIATED. AT 6:00 P.M., PUBLIC HEARINGS, 68 TO 82. BACK TO ITEM NO. 5. MR. CITY ATTORNEY, THIS IS AN ITEM THAT IS RELATED TO ITEM 2 IN THE -- ON THE EXECUTIVE SESSION?

IT INVOLVES THE SAME NEIGHBORHOOD, BUT IT'S NOT DIRECTLY RELATED. WE COULD PROBABLY GO INTO EXECUTIVE SESSION AND TAKE UP THE REAL ESTATE ITEMS FIRST AN THEN GO TO THE LEGAL EXECUTIVE SESSION AFTER THAT.

MAYOR GARCIA: OKAY. ARE WE READY IN EXECUTIVE SESSION? LET ME ASK THE MAYOR PRO TEM, ON ITEM NO. 5, MAYOR PRO TEM, WHAT WOULD YOU LIKE TO -- HOW WOULD YOU LIKE TO PROCEED ON THAT ONE?

GOODMAN: WHAT I WOULD LIKE TO SUGGEST IS BECAUSE IT IS THE SAME NEIGHBORHOOD AND IN THE DISCUSSION OF THE ITEM THAT WE ARE GOING TO POSTPONE, YOU DO OCCASIONALLY TALK ABOUT THE ITEM WE ARE GOING TO DISCUSS IN EXECUTIVE SESSION. IT REALLY DOESN'T HAVE ANYTHING TO DO WITH THE POSTPONEMENT TODAY. SO WHAT WE MIGHT DO, IF COUNCIL IS COMFORTABLE, IS ASK FOR -- ASK FOR A BRIEF STATEMENT, BOTH FROM THE NEIGHBORHOOD PLANNING TEAM AND FROM THE CHURCHES -- CHURCH'S REPRESENTATIVE IN RESPONSE TO THE SUGGESTION WE POSTPONE TO DECEMBER 6TH AND THEN THEY COULD GO HOME AND NOT HAVE TO WAIT FOR US TO COME OUT OF EXECUTIVE SESSION.

MAYOR GARCIA: OKAY. WE HAVE TWO SPEAKERS SIGNED UP TO SPEAK ON THIS ITEM. SO LET ME RECOGNIZE THEM AT THIS TIME. IS THAT OKAY WITH YOU, MAYOR PRO TEM? OKAY. KAREN McGRAW. WELCOME, GOOD MORNING.

GOOD MORNING. WELCOME, MAYOR, COUNCILMEMBERS. MAYOR PRO TEM. I HANDED OUT SOME INFORMATION ON A GREEN SHEET HERE. WHAT WE ARE TRYING TO DO RIGHT NOW, WE ARE TRYING TO FINISH, WHICH WE ARE REALLY HAPPY ABOUT. THERE WERE A FEW OUTSTANDING ITEMS AND I WANTED TO JUST BRING THOSE TO YOUR ATTENTION SO THAT SOME DETERMINATION COULD BE MADE AS TO WHETHER SOME OF THESE MIGHT NEED TO BE WRITTEN UP IN THE ORDINANCE PRIOR TO THIRD READING. I THINK THAT'S UP TO YOU, NOT NECESSARILY UP TO US. I DO WANT TO MENTION AS FAR AS INCORPORATING THE PLANNING TEAM'S COMMENTS, WE HAVE RECEIVED THIS MORNING THIS DOCUMENT FROM LAW DEPARTMENT AND JUST BRIEFLY LOOKING AT IT, IT LOOKS LIKE A LOT OF PROGRESS HAS BEEN MADE AND WE ARE DOWN TO JUST A FEW ISSUES THAT WE SHOULD BE ABLE TO RESOLVE SOON. SO I THINK THAT IS GOING TO BE TAKEN CARE OF. THE OTHER ITEMS HERE HAVE TO DO WITH A COMPROMISE THAT HAS BEEN MADE BETWEEN THE NEIGHBORHOOD AND THE CHURCH OF CHRIST IN HYDE PARK. SO THERE ARE -- THERE OUR QUESTION IS WHETHER THAT SHOULD BE WRITTEN UP IN THE ORDINANCE FOR NEXT WEEK. THE ISSUE WITH THE HYDE PARK BAPTIST CHURCH, THERE WAS A HYDE PARK BAPTIST CHURCH PROPOSAL HANDED OUT TO YOU THE LAST TIME WE WERE HERE ON NOVEMBER 8TH. THAT WAS A LAST PROPOSAL MADE BY THE CHURCH IN ONE OF OUR MEETINGS AND AT THIS TIME THE PLANNING TEAM IS -- IS NOT RECOMMENDING ADOPTION OF THAT PROPOSAL. HOWEVER, WE THINK THAT SOME GOOD PROGRESS WAS MADE THERE AND WE THINK THAT THE STAGE HAS BEEN SET FOR SOME VERY PRODUCTIVE FURTHER NEGOTIATIONS. WHAT THE PLANNING TEAM RECOMMENDS AT THIS TIME IS WE HAVE ACTUALLY TWO RECOMMENDATIONS. ONE IS WE STILL SUPPORT OUR ORIGINAL RECOMMENDATION, WHICH IS THAT THE CHURCH WOULD BE MERGED AND INCORPORATED INTO THE HYDE PARK NCCD PER THE STAFF RECOMMENDATION. BUT OUR SECOND PROPOSAL WRITTEN IN THIS DOCUMENT WAS ONE THAT WAS MADE ABOUT A MONTH AGO BY PLANNING TEAM MEMBERS IS THAT SOME OF THE CHURCH PROPERTY WOULD BE INCLUDED IN THE NCCD AND SOME WOULD NOT BE INCLUDED. WHICH WOULD BE AN ATTEMPT TO COME BACK AND CONTINUE THE NEGOTIATIONS AT A LATER DAY. WE FEEL LIKE GIVEN THE TIME FRAME AND THE SITUATION WHERE WE WOULD LIKE TO HAVE THE ORDINANCE ADOPTED, THAT THAT IS REALLY THE BEST SOLUTION AT THIS TIME. SO WE HAVE MENTIONED THAT IN THIS DOCUMENT BECAUSE THAT OPTION HAS NOT BEEN WRITTEN INTO ORDINANCE FORM WHERE THE OTHER TWO OPTIONS HAVE BEEN. SO THIS IS WHAT WE WERE BRINGING TO YOU TODAY BECAUSE WE ARE -- WE JUST WANT TO GET READY FOR THAT THIRD AND FINAL READING. I WILL BE HAPPY TO ANSWER ANY QUESTIONS.

MAYOR GARCIA: QUESTIONS FOR MS. McGRAW. THANK YOU VERY MUCH. SUSAN MOFFETT. GOOD MORNING.

GOOD MORNING, WELCOME, MAYOR. KAREN HAS COVERED ALL OF OUR POINTS THOROUGHLY, I DON'T NEED TO SPEAK, THANK YOU.

MAYOR GARCIA: VERY NICE. PEOPLE USE THEIR THREE MINUTES, THANK YOU.

GARZA: MAYOR, MAYOR PRO TEM, WE JUST WANTED TO POINT OUT TO YOU, FOR NEXT WEEK YOU HAVE SCHEDULED DAWSON, HOLLY AND CENTRAL EAST AND SO IF THIS ITEM IS GOING TO BE POSTPONED, YOU MAY WANT TO CONSIDER WHETHER FOLKS ARE WILLING TO MOVE THAT TO THE 13TH. NOT THAT I WOULD WANT THAT TO BE THE CHRISTMAS PRESENT FOR THE CITY COUNCIL, BUT --

I THINK OUR FEELING IS THAT WE ARE RIGHT AT THE END AND ASSUMING THERE'S NO PROBLEM WITH THESE BEING WRITTEN UP, THAT IT WOULD GO SMOOTHLY NEXT WEEK AND WE --

GARZA: IT'S NEVER BEEN A PROBLEM BEFORE. [ LAUGHTER ].

MAYOR GARCIA: WE WILL ERASE THAT OFF THE RECORD. [ LAUGHTER ]. MAYOR PRO TEM?

GOODMAN: WELL, THE NEIGHBORHOOD ASSOCIATION MEETING FOR DECEMBER IS HAPPENING ON THE 3RD. SO IT WOULD BE POSSIBLE, IT WOULD BE FEASIBLE, IS THERE ANOTHER WORD --

MAYOR GARCIA: I THINK WE CAN DO IT ON THE 6TH.

GOODMAN: ANYTHING COULD HAPPEN. IT'S POSSIBLE THAT EVERYONE COULD COME TOGETHER AT THAT MEETING AND SEE WHAT WAS WRITTEN. I THINK WE DO NEED TO GET EVERYTHING WRITTEN INTO ORDINANCE FORM, THOUGH, AND THAT'S NOT READY FOR TODAY. I WOULD, THOUGH, ALSO LIKE TO ASK MR. SUTTLE IF HE WANTED TO SAY ANYTHING ON BEHALF OF HYDE PARK BAPTIST CHURCH.

MARTY, WHY DON'T YOU MAKE A COMMENT AFTER RICHARD, AFTER RICHARD.

OKAY, FINE. [ LAUGHTER ]. I KNOW WHERE I RANK. [ LAUGHTER ].

AFTER YOU, MARTY.

OH, NO, RICHARD. [ LAUGHTER ].

MAYOR, MEMBERS OF COUNCIL, MY NAME IS RICHARD SUTTLE, I'M HERE ON BEHALF OF HYDE PARK BAPTIST CHURCH. AT THIS POINT, AS THE COUNCIL, THE CHURCH IS KIND OF ALONG FOR THE RIDE BECAUSE THE COUNCIL HAS PRETTY WELL VOTED CONSISTENTLY WITHOUT REGARD TO WHAT THE CHURCH WANTS. SO -- SO AT THIS POINT WHEN THERE IS AN ORDINANCE TO REVIEW OR MULTIPLE ORDINANCES WITH ALL OF THE CHANGES WE WILL REVIEW THEM AND HAVE A COMMENT THEN. AT THIS POINT THE CHURCH STILL REITERATES ITS DESIRE TO BE LEFT OUT OF THE DISTRICT AT THIS POINT BECAUSE IT DOESN'T WORK FOR THE CHURCH. SO -- SO WE ARE ANXIOUS TO SEE THE VARIOUS ORDINANCES, THE VARIOUS COMMENTS THAT COME AUTOMATIC AND WE WILL RESERVE COMMENT UNTIL WE -- COME OUT AND WE WILL RESERVE COMMENT UNTIL WE SEE SOMETHING.

MARTY.

I'M MARTHA TERRY, ASSISTANT CITY ATTORNEY. I -- I AM HERE TO RAISE SOME LOGISTICS ISSUES. THAT IS MY STAFF HAS STRUGGLED VERY, VERY HARD TO STAY AHEAD OF THE COMMENTS TO GET THINGS DRAFTED. AND WE HAVE FOUND THAT TO BE VERY, VERY DIFFICULT. I UNDERSTAND THAT -- THAT THE COUNCIL -- THE COUNCIL'S RELUCTANT -- RELUCTANCE TO CONTINUE THIS MATTER TO DECEMBER THE 13TH. BUT WHAT I AM HERE TO TELL YOU THAT IS IF IN THE -- IF THE NEIGHBORHOOD IS MEETING ON DECEMBER THE 3RD, THERE ARE CONTINUING NEGOTIATIONS, IT WILL BE DIFFICULT FOR US TO GET AN ORDINANCE PREPARED FOR YOU BY DECEMBER THE 6TH BECAUSE -- BECAUSE NOT ONLY DO WE HAVE TO LOOK AT WHAT THE NEIGHBORHOOD COMES -- MAKES IN TERMS OF SUGGESTIONS, WE HAVE TO FIGURE OUT HOW TO PUT IT IN THE ORDINANCE AND WHETHER THE STAFF -- CAN AGREE WITH WHAT THE NEIGHBORHOOD'S SUGGESTIONS ARE. IT HAS BEEN A LOGISTICAL NIGHTMARE FOR US. I BASICALLY HAVE TWO PEOPLE WHO CAN WRITE THIS ORDINANCE. I KIND OF HAVE BEEN GETTING ON MY HANDS AND KNEES AND ALMOST BEGGING THAT YOU GIVE US UNTIL THE 13TH. THE NEIGHBORHOOD WORKS VERY, VERY HARD TO GET ITS COMMENTS TOGETHER AND IT HAS TO DEVELOP A CONSENSUS. WHAT THAT MEANS IS SOMETIMES THEY SIMPLY CAN'T GET THEM TO US IN A -- IN A FASHION THAT IS QUICK ENOUGH FOR US TO -- AS YOU CAN TELL, WE GOT YOU YOUR MEMO THIS MORNING. AS YOU CAN RECALL, THAT HAS BEEN WHERE WE HAVE BEEN WITH ALMOST EVERY MEETING ON THIS ISSUE, STRUGGLING TO GET YOU SOMETHING BY THE MORNING OF YOUR COUNCIL MEETING. THAT'S NOT FAIR TO YOU. IT'S NO FAULT OF ANYONE'S OTHER THAN THE FACT THAT THE NEIGHBORHOOD IS STRUGGLING VERY HARD TO GET A CONSENSUS ON A COMMENT AND THEN WE HAVE TO STRUGGLE VERY HARD TO GET IT INTO -- INTO AN APPROPRIATE ORDINANCE THAT IS UNDERSTANDABLE, THAT 12 YEARS FROM NOW OR 13 OR 14 OR 15 YEARS FROM NOW EVERYONE WILL UNDERSTAND AND WILL BE ABLE TO INTERP. WE DON'T WANT ANY MORE MISTAKES. SO I'M KINDS OF BEGGING. KIND OF BEGGING.

MAYOR ON THAT NARROW ISSUE, THE CHURCH HAS NO OBJECTION TO THE 6TH OR THE 13TH. IN FACT THE 13TH WOULD PROBABLY BE BETTER TO GIVE EVERYBODY A CHANCE TO READ IT.

MAYOR GARCIA: WHAT WE WILL NEED FROM BOTH THE NEIGHBORHOOD AND ANYBODY ELSE THAT WANTS TO GIVE INPUT TO MARTY IS THAT THEY GET THE INFORMATION TO HER BY THE 4TH. AFTER THE MEETING ON THE 3RD.

I'M SORRY, MAYOR. ONE OF THE PROBLEMS WE HAVE HAD HAS BEEN TIMELY RETURNING THINGS TO THE NEIGHBORHOOD ONCE WE HAVE GOTTEN THEM WRITTEN UP. IT'S JUST SIMPLY A FUNCTION OF TIME AND STAFF LIMITATIONS.

MAYOR GARCIA: ALL RIGHT.

JUST ONE MORE COMMENTS. THE MEETING ON MONDAY NIGHT IS THE HYDE PARK NEIGHBORHOOD ASSOCIATION. THE COMMENTS HAVE COME FROM THE HYDE PARK PLANNING TEAM. WE DO NOT INTENT TO GENERATE ANY NEW COMMENTS. AND WHAT THE MEETING ON MONDAY NIGHT IS TO SEE IF -- IF THE HYDE PARK NEIGHBORHOOD ASSOCIATION IS -- IS COMPLETELY IN CONCURRENCE WITH THE LAST THINGS THAT WE HAVE SENT YOU. SO OUR -- OUR ANTICIPATION IS THAT THERE WOULD NOT BE MUCH CHANGE FROM -- FROM MONDAY NIGHT, IT MIGHT SIMPLY BE A STRONG SUPPORT FOR ONE OPTION OR ANOTHER. WE WOULD CERTAINLY LET YOU KNOW ON TUESDAY IF THERE'S ANYTHING --

MAYOR GARCIA: MAKE SURE THAT MS. TERRY HAS THAT INFORMATION.

I BEG YOUR PARDON?

MAYOR GARCIA: MAKE SURE THAT MS. TERRY HAS THE INFORMATION.

ABSOLUTELY, CERTAINLY, THANK YOU.

MAYOR GARCIA: FURTHER COMMENTS, MAYOR PRO TEM? [ONE MOMENT PLEASE FOR CHANGE IN CAPTIONERS]ATZNO CARRIERRINGCONNECT 1200c

AND I'M NOT SURE WHAT THE ALMOST AGREEMENT IS. I MEAN WE HAVE BEEN STRUGGLING WITH TRYING TO GET THE NEIGHBORHOOD COMMENTS IN FORM. SO I'M -- THAT'S ONE I'M NOT IN CONTROL OF.

GOODMAN: WELL, I KNOW SOMEBODY IS GOING TO KILL ME FOR SAYING THIS, BUT MY AIDE, I THINK, IS PROBABLY THE MOST EXPERT IN THIS AND CAN HELP YOU PUT THAT TOGETHER.

JERRY TELLS ME THAT DEBORAH HAS ALREADY WALKED ON WATER AND DONE IT.

GOODMAN: OH, ALL RIGHT. THEN THAT --

UNLESS THERE ARE CHANGES THAT ARE COMING FORTH. MY UNDERSTANDING IS SHE'S DONE IT. JERRY, IS THAT THE HYDE PARK PROPOSAL THAT IS IN THE BACKUP? GO FOR IT.

THERE ARE TWO COPIES OF THE ORDINANCE THAT ARE CURRENTLY PREPARED. THAT WERE PREPARED IN TIME FOR THE LAST MEETING. THE ONE THAT -- WE HAVE ONE VERSION THAT IS THE ALMOST GREM. WE HAVE ANOTHER VERSION TO INCORPORATE THE CHANGES. THERE IS A NEW VERSION OUT THIS MORNING THAT INCORPORATES MORE OF THE CHANGES MIKE MCGINNIS HAS.

GOODMAN: THAT'S WHAT I WANTED TO MAKE SURE THE NEIGHBORHOOD HAD ALL WRITTEN DOWN.

YEAH, THAT THEY HAVE HAD SINCE THE LAST COUNCIL MEETING, IF THAT'S THE ONE WE'RE TALKING ABOUT.

MAYOR GARCIA: SO YOUR MOTION WOULD BE TO POSTPONE TO THE 13TH? OR THE 6TH?

GOODMAN: WELL, LET'S PUT IT ON THE 6TH. BUT BE READY FOR THE 13TH.

MAYOR GARCIA: OKAY.

WE'LL DO OUR BEST.

MAYOR GARCIA: WE'LL HAVE THE ITEM ON THE MEETING OF THE 6TH AND FOR SURE WE'LL ACT ON IT ON THE 13TH. AND THAT'S A MOTION FROM -- WELL, THAT'S NOT -- WE DON'T NEED A MOTION, DO WE, ON THAT?

[INAUDIBLE].

GOODMAN: IT'S A MOTION.

MAYOR GARCIA: MOTION TO POSTPONE. IS THERE A SECOND IN SECONDED BY COUNCILMEMBER THOMAS. COUNCILMEMBER SLUSHER.

SLUSHER: I'M MORE INCLINED TO GO WITH THE 13TH. I'LL GO AHEAD AND VOTE FOR IT, BUT WE HAVE HAD IT COME UP OVER AND OVER AGAIN WITH THE ORDINANCE NOT BEING READY AND I THOUGHT MS. TERRY EXPLAINED THAT PRETTY WELL. I MEAN THERE ARE ONGOING NEGOTIATIONS THAT ARE HAPPENING VERY SATISFACTORY. I DON'T ALWAYS RESPOND TO PUBLIC BEGGING, BUT -- [LAUGHTER]. IN THIS INSTANCE I THOUGHT SHE MADE A PRETTY GOOD CASE. BUT IF WE'RE GOING TO HAVE IT -- SO THAT'S WHAT I WOULD LIKE TO DO. IF WE'RE GOING TO HAVE IT OPEN WHERE IT JUST MOVES AGAIN, IT NOT READY, I DON'T WANT THE STAFF TO HAVE TO REALLY OVERDO IT IN ORDER TO GET READY FOR THE 6TH.

GOODMAN: MAYOR, MAYBE I SHOULD AMEND MY MOTION. THAT WAS VERY MOVING AND I AM TOUCHED. [LAUGHTER].

MAYOR GARCIA: THE MOTION TO HAVE THIS ITEM ON THE AGENDA, AND IF NOT ON THE 13TH TOO? MAYOR PRO TEM.

GOODMAN: I'M JUST KIND OF DROPPING OUT THE DECEMBER 6TH THING. I THOUGHT IT WAS GOOD MOTIVATION, BUT IF EVERYBODY JUST FOCUSES ON THE 13TH.

MAYOR GARCIA: FOR THE 13TH.

GOODMAN: NOTING THAT IS THE LAST MEETING OF THE YEAR.

GRIFFITH: MAYOR --.

MAYOR GARCIA: ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. OPPOSED SAY NO. MOTION CARRIES. THANK YOU VERY MUCH.

SLUSHER: SINCE WE DID THAT, IF THE STAFF COULD HAVE IT READY SEVERAL DAYS AT LEAST, MAYBE A WEEK IN ADVANCE SO EVERYONE INVOLVED COULD LOOK AT IT SO THAT -- AND NO ONE WOULD BE ABLE TO SAY --

IT WILL BE READY. [LAUGHTER].

SLUSHER: ALL RIGHT.

GARZA: IRONICALLY IT WILL BE READY ON DECEMBER 7TH, PEARL HARBOR DAY.

MAYOR GARCIA: WE'LL IGNORE THAT COMMENT. [LAUGHTER]. EXCEPT FOR THE TIME CERTAIN ITEMS, THE ONLY THING THAT IS LEFT ON THE AGENDA IS ITEM NO. 51. COUNCILMEMBER THOMAS, YOU HAD PULLED THIS ONE SO DO YOU WANT TO CONSIDER IT NOW OR LATER?

THOMAS: NO,, I HAD PUT IT BACK ON. COUNCILMEMBER ALVAREZ WANTED TO --.

MAYOR GARCIA: I'M SORRY. COUNCILMEMBER ALVAREZ.

ALVAREZ: YEAH, JUST IN SPEAKING WITH THE MAYOR PRO TEM, WE'RE THE CO-SPONSOR FOR THE ITEM, AND THE RESOLUTION THAT YOU HAVE IN FRONT OF YOU IS TO DIRECT CITY MANAGER TO TO BEGIN THE AMENDMENT PROCESS TO THE LAND DEVELOPMENT CODE AND NEIGHBORHOOD PLANNING REGULATIONS TO ALLOW THE CREATION OF SUBDISTRICTS WITHIN NEIGHBORHOOD PLAN AREA. I JUST WANTED TO BE CLEAR THAT WE'RE BEGINNING THE PROCESS OF DEVELOPING I GUESS CRITERIA THAT WOULD ALLOW FOR SOMETHING LIKE THAT TO OCCUR, AND THAT THAT IS GOING TO GO THROUGH THE PROCESS OF PLANNING COMMISSION AND THEN EVENTUALLY COME BACK TO US. BUT THAT PERSONALLY I MEAN I DO WANT TO MAKE SURE THAT -- HOWEVER WE DEFINE THAT, IT'S GOING TO BE APPROPRIATE. I'M NOT NECESSARILY SAYING, YOU KNOW, THAT I SUPPORT THIS IDEA WITHOUT KNOWING, OKAY, HOW IS IT GOING TO WORK, BUT I THINK IT'S SOMETHING WE SHOULD LOOK AT AND REALLY DEFINE REALLY WELL IN TERMS OF HOW IT'S GOING TO WORK AS PART OF THE NEIGHBORHOOD PLANNING PROCESS. BUT IT IS JUST THE BEGINNING OF THE PROCESS.

MAYOR GARCIA: MAYOR PRO TEM.

GOODMAN: I WOULD CONCUR WITH THAT, AND THERE ARE OTHERS WHO THINK THAT WHEN YOU PUT SOMETHING ON THE AGENDA LIKE THAT YOU HAVE IN FACT AMENDMENTS IN HAND AND LANGUAGE IN HAND THAT YOU ARE SENDING THROUGH THE PROCESS. AND IN THIS CASE THAT'S NOT WHAT WE ARE DOING. WE ARE BEGINNING THE PROCESS OF THE LAND DEVELOPMENT CODE AMENDMENT WHICH REQUIRES THAT YOU GO TO THE PLANNING COMMISSION, AND THEN THEY HAVE THEIR SUBCOMMITTEE WORK AND THEIR PUBLIC HEARINGS AND SO ON AND THEN RECOMMENDATIONS FROM THE COUNCIL. SO THE CRITERIA, AND IN FACT THE WHOLE COMPREHENSIVE DISCUSSION OF WHAT IN FACT WE MAY MEAN BY THE WORD SUB DISTRICT WITHIN A NEIGHBORHOOD PLAN WILL BEGIN TO BE DISCUSSED WHEN WE PASS THIS RESOLUTION.

GARZA: MAYOR, THAT WAS OUR COMMENT IS THAT WE WANTED TO MAKE SURE THE WORK ON THE CRITERIA, BECAUSE YOU COULD INADVERTENTLY HAVE SOME INTENDED CONSEQUENCES IF THAT CRITERIA IS NOT TIGHT IN TERMS OF WHAT YOU ARE TRYING TO GET DONE AND TRYING TO ACCOMPLISH.

GOODMAN: AND MAYOR, THAT'S WHAT WE HAVE A PROCESS FOR AND SO THAT WOULD BE MY MOTION.

MAYOR GARCIA: THE ITEM IS APPROVE A RESOLUTION DIRECTING THE CITY MANAGER TO PROCESS AMENDMENTS TO THE NEIGHBORHOOD PLANNING REGULATIONS TO ALLOW TORE CREATION OF SUBDISTRICTS WITHIN A NEIGHBORHOOD PLAN AREA. I'LL CONSIDER COUNCILMEMBER ALVAREZ'S AS A MOTION AND THE MAYOR PRO TEM'S AS SECOND. FURTHER DISCUSSION? ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. OPPOSED SAY NO. NO. MOTION CARRIES AND THE VOTE IS 7 TO 0. THAT'S ALL THE ITEMS ON THE AGENDA OTHER THAN THE TIME CERTAIN ITEMS. AT THIS TIME I WOULD LIKE TO ANNOUNCE THAT THE CITY COUNCIL WILL GO INTO A CLOSED SESSION UNDER CHAPTER 551 OF THE TEXAS GOVERNMENT CODE TO RECEIVE ADVICE FROM LEGAL COUNSEL TO DISCUSS MATTERS OF LAND ACQUISITION AND DISPOSITION, TO DISCUSS OR TAKE ACTION ON COMPETITIVE MATTERS OF THE ELECTRIC UTILITY DEPARTMENT AS PROVIDED UNDER SECTION 551.086, OR FOR OTHER REASONS PERMITTED BY LAW AS SPECIFICALLY LISTED ON THIS AGENDA. IF NECESSARY, THE CITY COUNCIL MAY GO INTO CLOSED SESSION AS PERMITTED BY LAW REGARDING ANY ITEM ON THIS AGENDA, WHICH OF COURSE WE HAVE A FEW THAT WILL BE UNDER TIME CERTAIN. THE ITEMS THAT WE HAVE ON THE EXECUTIVE SESSION AGENDA ARE ITEM NO. 2, DISCUSS LEGAL ISSUES RELATED TO HYDE PARK BAPTIST CHURCH VERSUS THE CITY OF AUSTIN, ET AL. RK CASE NO. CAA 01 CA 212 AND ON REAL PROPERTY, SECTION 51.072, TO DISCUSS SAFELY PROPERTY TROLTD BARTON SPRINGS CLEAN WATER PROJECT FUNDED BY THE MAY 1998 ELECTION, PROPOSITION 12 BONDS. THE COUNCIL WILL NOW GO INTO EXECUTIVE SESSION. AND WE'LL BE BACK AT 1:30.

MAYOR GARCIA: FOR THOSE OF YOU THAT ARE STILL HERE, THERE WILL BE FLOWERS AFTER EXECUTIVE SESSION. THERE WERE SOME INTERRUPTIONS IN THE PROCESS. TEST TEST TEST THIS IS A TEST, TEST TEST TEST THIS IS A TEST, 1, 2, 3, 4, 5, TEST TEST TEST THIS IS A TEST, 1, 2, 3RBGS 4, 5, TEST TEST TEST THIS IS A TEST, 1, 2, 3, 4, CITY COUNCIL MEETING,.

MAYOR GARCIA: IS MAYOR OF AUSTIN AT THIS TIME. TEST TEST TEST THIS IS A TEST, 1, 2, 3, 4, 5. COUNCILMEMBER ALVAREZ, COUNCILMEMBER ALVAREZ, COUNCILMEMBER GRIFFITH,.

ALVAREZ:,.

SLUSHER:, TEST TEST TEST THIS IS A TEST, 1, 2, 3, 4, TEST TEST TEST THIS IS A TEST, TEST TEST TEST THIS IS A TEST, HYDE PARK BAPTIST CHURCH, EXECUTIVE SESSION, TEST TEST TEST THIS IS A TEST OF THE AUSTIN CITY COUNCIL, COUNCIL IS IN EXECUTIVE SESSION UNTIL 1:34030, 1:30 CITIZENS COMMUNICATION. TEST TEST TEST THIS IS A TEST, TEST TEST TEST THIS IS A TEST OF A NEW CAPTIONING SYSTEM, 1, 2, 3, 4, 5, TEST TEST TEST THIS IS A TEST, TEST TEST TEST THIS IS A TEST, ED TEST TEST TEST THIS IS A TEST, TEST TEST TEST THIS IS A TEST, TEST TEST TEST THIS IS A TEST, TEST TEST TEST TEST TEST THIS IS A TEST, TEST TEST TEST THIS IS A TEST OF THE CITY COUNCIL CAPTIONING SYSTEM.

MAYOR GARCIA: [INAUDIBLE] LET ME ANNOUNCE THE EXECUTIVE SESSION SENDED AT 1:15. NO ACTION WAS TAKEN BY THE COUNCIL ON ANY ITEM IN THE EXECUTIVE SESSION AGENDA. AND WE WILL STAND IN RECESS FOR ANOTHER THREE MINUTES, AT THAT TIME WE WILL CALL UP CITIZENS COMMUNICATIONS, GENERAL, THEN WE HAVE SOME SPEAKERS THAT WILL BE SPEAKING ON VARIOUS ITEMS, WE WILL STAND IN RECESS FOR A COUPLE OR THREE MINUTES.

MAYOR GARCIA: JUST ANNOUNCEMENT FROM THE LCRA, SOMEONE HAS CHAINED THEIR BICYCLE ON THE WALKWAY IN FRONT OF THE BUILDING. THEY ARE BLOCKING THE SIDEWALK. FOR SAFETY PURPOSES, THE BICYCLE NEEDS TO BE REMOVED. BIKE RACKS ARE AVAILABLE AND LOCATED ON THE EAST AND WEST SIDE OF THE BUILDING. SO ANY OF YOU HAVE A BICYCLE THAT'S -- THAT'S CHAINED, IN FRONT OF THE WALKWAY, PLEASE REMOVE IT.

MAYOR GARCIA: AT THIS TIME WE WILL GO TO THE TIME CERTAIN ITEM, CITIZENS COMMUNICATION GENERAL, THE FIRST SPEAKER IS MR. GUS PENA, WELCOME, GOOD AFTERNOON. THANK YOU, MAYOR GARCIA, THANK YOU FOR WORKING WITH US AND CONGRATULATIONS ON YOUR VICTORY. THIS IS A NEWSPAPER, I BELIEVE IT'S DATED NOVEMBER THE 27TH, I THINK. TUESDAY. STATES: RECESSION TOOK HOLD IN MARCH, EXPERTS SAY. REMEMBER, I HAVE BEEN SAYING IT FOR THE PAST YEAR THAT WE ARE IN A RECESSION, THANK YOU, GOOD LORD, AT LEAST THE FEDS SAY YOU ARE RIGHT, PENA. GUS, OUR CITY IS DIVIDED. SHOW YOUR LEADERSHIP BY BEING INCLUSIVE AND EXTEND AN OLD LIVE BRANCH FOR -- AN OLIVE BRANCH FOR HOSE WHO DID NOT SUPPORT YOU BUT NEED VISION FROM YOU. THE CITY OF AUSTIN NEEDS TO LOOK COLLABORATIVELY AND INCLUSIVELY TO BETTER THE QUALITY OF LIFE FOR ALL AUSTINITES AND NOT JUST SOME. AFFORDABLE HOUSING, HEALTH SERVICES, COMPREHENSIVE JOB TRAINING, COMMUNITY EDUCATION, PREVENTION, INTERVENTION SERVICES, AFTER SCHOOL PROGRAMS, ARE IN CRITICAL DEMAND. INCLUDE THE TAXPAYERS, ALL STAKEHOLDERS AND SERVICE PROVIDERS AND INCLUDE DIALOGUE BEFORE ANY CUTTINGS ARE MADE, NOT AFTER THEY ARE MADE OR WHEN WE FIND OUT ABOUT THEM IN THE NEWSPAPER OR IN THE PRINT MEDIA. OR ELECTRONIC MEDIA, EXCUSE ME. ALL OF US NEED TO BE A STRONG ADVOCATE FOR OUR TWO MOST GIFTED SEGMENTS OF OUR POPULATION. OUR BEAUTIFUL SENIOR CITIZENS WHO PAVED THE WAY FOR US AND NEED HELP TO SURVIVE THE ECONOMIC DOWNTURN IN RECESSION AND OUR YOUTH AND CHILDREN WHO ARE NOT JUST OUR FUTURE, BUT OUR PRESENT ALSO, BUT NEED A LOT OF EDUCATIONAL SERVICE, ECONOMIC WRAP AROUND SERVICES AND ASSISTANCE AND HELP. THE CITY NEEDS TO REMEMBER TO BUILD NOT JUST SRO, SINGLE ROOM OCCUPY OPERATIONNAL HOUSING, MAWRG, THIS HAS BEEN A BIG NEED FOR MANY YEARS, CUTS MUST BE MADE BUT NOT AT THE EXPENSE OF THE MOST -- I'M SORRY, BE MADE AND WE STATE TO YOU NOT AT THE INTENTION OF THE MOST POOR, NEEDY, HAVE-NOTS. REMEMBER, WE ALL PAY TAXES, TOO. A HANDOUT IS NOT SOLICITED OR ASKED FOR, BUT MERELY A HANDUP IS WHAT IS ASKED FOR. THE FOOD BANK NEEDS CANNED GOODS AND DONATIONS, "COATS FOR KIDS" NEEDS COATS, BLUE SANTA, BROWN SANTA, CHRISTMAS BUREAU AND TOYS FOR TOTS, MARINE CORPS PROJECT NEED YOUR HELP SO THAT THE NEEDY AND POOR HAVENOTS HAVE BE HELPED FOR CHRISTMAS. GUS, WE HAVE ALWAYS SAID THERE'S A GREAT NEED FOR EDUCATIONAL REFORM, YOU HAVE SAID THAT, WE HAVE SAID THAT FOR MANY YEARS, I'M A PRODUCT OF AISD GRADUATE OF JOHNSTON, I'M ON THE DROPOUT PREVENTION REDUCTION TASK FORCE. INCLUDE EVERYBODY IN THIS DIALOGUE, INCLUDE EVERYBODY, WE ARE FORMER TEACHERS, ALSO, WE HAVE TAUGHT ON THE AISD LEVEL AND COLLEGE LEVEL. WE ALSO WANT THE CHILDREN TO RECEIVE A TOP QUALITY EDUCATION. ALSO LET THE RECORD REFLECT THE CITY OF AUSTIN ALSO HAS PROBLEMS THAT THE CITY COUNCIL AND CITY MANAGER MUST IMPROVE AND CORRECT AND MAKE WISE AND PRUDENT DECISIONS FOR ALL OF THE RESIDENT OF THE AUSTIN, NOT JUST SOME. [BUZZER SOUNDING] LET ME WRAP UP. YOU ALL HAVE A STATUTORY AND FIDUCIARY RESPONSIBILITY. WE ARE HERE TO WORK INCLUSIVELY AND COLLABORATIVELY, WE WILL BE THERE TO HELP EVERYBODY OUT.

MAYOR GARCIA: THANK YOU, MR. PENA. MR. GAVINO FERNANDEZ. MR. FERNANDEZ, WELCOME, SIR.

GOOD AFTERNOON, MY NAME IS GAVINO FERNANDEZ WITH EL CONCILIO, A COALITION OF MEXICAN AMERICAN NEIGHBORHOOD ASSOCIATIONS IN EAST AUSTIN. I JUST WANT TO -- TO REITERATE THE PEOPLE'S CRY AT THE LAST MEETING THAT WAS HELD AT METZ ELEMENTARY SCHOOL IN REGARDS TO THE HOLLY POWER PLANT. ONE IS THAT ONE OF THAT -- ONE OF THOSE WAS THAT FOR YOU TO EVEN BE CONSIDERING EXTENDING THE DANGER IN OUR COMMUNITY AS -- IS UNACCEPTABLE IN OUR COMMUNITY. I THINK THAT WE NEED TO MAKE THE INVESTMENT THAT NEEDS TO BE MADE TO REMOVE THE HOLLY POWER PLANT AS WAS AUTHORED IN THE 1995 RESOLUTION. AND THE OTHER IS THAT IF AND -- IF ONCE AGAIN WE ENDURE ANOTHER FIRE AT THE HOLLY POWER PLANT, THAT THE EVACUATION PLAN THAT IS IN PLACE BE ACTIVATED AND THAT OUR PEOPLE NOT HAVE TO WAIT AN HOUR OR SO TO LEARN WHETHER WE WERE SAFE OR FOR THE SAFE. I THINK WE WOULD RATHER BE SAFE THAN SORRY. WE DO HAVE A PLAN THAT'S IN PLACE. WE NEED TO ACTIVATE IT. THESE ARE HUMAN PEOPLE. THESE ARE HEALTH ISSUES THAT AFFECT OUR PEOPLE IN OUR COMMUNITY. WE NEED TO GIVE THAT PRIORITY. IT WAS PRETTY OBVIOUS IN THE ATTENDANCE AT THAT COMMUNITY MEETING THAT TO THIS COUNCIL IT'S NOT A PRIORITY. AND THAT THE HEALTH ISSUES CONTINUES TO BE ONE THAT IS AFFECTING OUR PEOPLE. AND FOR THIS COUNCIL TO BE KNOWN AS THE ENVIRONMENTAL GREEN COUNCIL, LIBERAL COUNCIL AT THAT, TO HAVE THIS ISSUE CONTINUE, TO NOT BE ADDRESSED, AND CONTINUE TO LIVE ON, IS VERY CONTRARY TO THAT IMAGE OF THIS COUNCIL. I DO HOPE THAT -- I KNOW THAT WE HAD ONE ASPIRED TO, LATINOS TO BE ON THE CITY COUNCIL. MY QUESTION IS [SPEAKING IN SPANISH], NOW WHAT? IS THAT GOING TO SHUT THE HOLLY POWER PLANT? IS THAT GOING TO MAKE MORE HEALTH SERVICES AVAILABLE TO OUR POOR COMMUNITY? IS THAT GOING TO CHANGE THE INVESTING AND QUALITY OF LIFE IN POOR COMMUNITIES IN THIS AREA? AND TO ME, IN MY OPINION, IT'S NOT. IT'S GOING TO REMAIN THE SAME OLD SAME OLD. BUT I STRONGLY ENCOURAGE PEOPLE IN MY COMMUNITY TO CONTINUE TO PARTICIPATE IN THIS PROCESS. ALTHOUGH AT THIS TIME WE ARE -- WE ARE POLITICALLY OUT OF THE LOOP. BUT COUNCILS CHANGE AND WINDOWS OF OPPORTUNITY THROUGH THAT ELECTION BOX COMES WITHIN ITS TIME. SO, AGAIN, I -- I JUST WANT TO ENCOURAGE YOU TO CONTINUE TO STAY ON STRIDE AND CLOSE THE PLANT IN 1995 AS WAS WRITTEN IN THAT RESOLUTION OF 1995. THANK YOU.

THANK YOU, MR. FERNANDEZ. MR. ROBERT DONLEY. WELCOME, SIR.

GOOD AFTERNOON. MY NAME IS ROBERT DONLEY. AND I AM CHAIRMAN OF THE HOLLY POWER PLANT CLOSURE COMMITTEE. AND AT TUESDAY'S MEETINGS, TUESDAY'S MEETING, RATHER, I LEARNED SOME -- SOME VERY -- WELL, TROUBLESOME THINGS. AND I WAS -- TRIED TO SEE IF IT CAN ENTER INTO YOUR MIND, SOME OF THE THINGS HERE THAT I HAVE. I FOR ONE, I LEARNED THAT NO ONE FROM THE POWER PLANT CALLED 911 FROM -- AT -- DURING -- WHEN THAT INCIDENT OCCURRED. IN OTHER WORDS, THEY TRIED TO COVER IT UP AND TRIED TO DEAL WITH IT THEIR OWN SELVES INTERNALLY. 911 WAS CALLED BY A NEIGHBOR. FROM THE NEIGHBORHOOD. REMEMBER THIS. THAT'S VERY IMPORTANT. BECAUSE WHERE I'M TAKING THIS. THE FIRE TRUCKS, WHEN THEY ARRIVED, WERE SILENT. NO SIRENS, NO NOISE WHATSOEVER. PEOPLE WITHIN THE NEIGHBORHOOD THAT WERE IN THE HOUSES WERE NOT AWARE THAT THEY WERE IN JEOPARDY OR THAT -- OR THAT THERE COULD HAVE BEEN SOME CATASTROPHE GOING ON, NOTHING. NEIGHBORS ONLY LEARNED OF THE FIRE FROM NEIGHBORS WHO WERE OUTDOORS AT THE TIME. THE SMOKE HAD ENGULFED THE ENTIRE COMMUNITY AND THERE WAS NO ONE THERE TO PROTECT THE CHILDREN AND INHABITANTS OF THE NEIGHBORHOOD. IN FACT, THEY TOLD PEOPLE THAT IT WAS SAFE TO BREATHE. BUT, LISTEN TO THIS, NO TESTS WERE EVER DONE ON THE GASES TO LOOK FOR CARCINOGENS, NO TESTS WERE DONE TO LOOK FOR PARTICULATE MATTER. YET, THEY ALLOWWED CHILDREN IN ALL OF THE -- AND ALL OF THE NEIGHBORS TO BREATHE THOSE DEADLY FUMES FROM THAT PLANT. WHICH WERE -- BECAUSE I BREATHED SOME MYSELF. I WAS THERE. AND I SAW THE COLOR OF THE SMOKE AND I KNOW THAT THERE WAS -- THAT WAS VERY HARMFUL SMOKE. THE ONLY TESTS THAT THEY DID WERE FOR THE CARBON CONTENT. THAT'S ALL. MARKED US DONE. BUT FOR THE DANGERS, THE REAL DANGER, THE CARCINOGENS, NOTHING WAS DONE TO TEST THAT. NOW, I ALSO LEARNED THAT THERE IS A COVERUP GOING ON WITHIN THAT POWER PLANT AND I'M NOT ACCUSING YOU ALL BECAUSE I DON'T KNOW IF YOU ARE A PART OF IT -- [BUZZER SOUNDING] -- BUT I DO SUSPECT. BUT THE -- THE BOTTOM LINE IS THAT THE DANGER AND HAZARDS TO CHILDREN THAT HAVE BEEN -- THAT ARE BEING EXPOSED TO THOSE DANGERS AND FUMES AND POISONS WOULD BE ON OUR MINDS. IF YOU ARE A PART OF THIS COVERUP, YOU HAD BETTER GET OUT OF IT AND START WORKING TO CLOSE THAT POWER PLANT IMMEDIATELY. THANK YOU VERY MUCH.

MAYOR GARCIA: THANK YOU, MR. DONLEY. MR. MARCOS DELEON. WELCOME, SIR.

GOOD AFTERNOON. MAYOR, CONGRATULATIONS ON YOUR ELECTION. HI NAME IS MARCOS DELEON. CURRENT PRESIDENT OF EAST [INAUDIBLE] NEIGHBORHOOD ASSOCIATION IN EAST AUSTIN. IN 1974, OUR NEIGHBORHOOD, ONE OF THE POINTS WE ESTABLISHED WAS TO REPLACE THE HOLLY STREET POWER PLANT. IN 1978 OUR NEIGHBORHOOD OFFICIALLY FILED WITH THE CITY OF AUSTIN, 15 POINTS WAS TO REPLEASE THE HOLLY STREET POWER PLANT. OUR NEIGHBORS HAVE ALWAYS FELT THAT PLANT SHOULD BE REPLACED NOW AT THIS POINT WE JUST WANT TO GET RID OF IT. WE HAD A CHANCE BETWEEN 1995 AND THIS DATE TO HAVE A NEW PLANT IN OPERATIONS. WELL, WHAT WE HAVE BEEN TOLD THAT WE HAVE TO BEAR, GRIN AND BEAR IT, THAT IS -- IT'S GOING TO BE AT OUR EXPENSE, SO EVERYONE CAN LIVE IN COMFORT. YOU KNOW, SOME OF US IN EAST AUSTIN DON'T BELIEVE THAT. WE DON'T BELIEVE THAT THEY ARE NOT DECENT PEOPLE IN THE CITY OF AUSTIN AND TRAVIS COUNTY. WHO DO NOT UNDERSTAND OUR PLIGHT. WE BELIEVE THAT THERE ARE PEOPLE IN AUSTIN, IN TRAVIS COUNTY, THAT NEED TO UNDERSTAND THAT WE NEED SOME HELP. WE NEED TO CALL THE CITY COUNCIL, THE NEW MAYOR, AND HAVE THEM PUT OUT A REQUEST FOR PROPOSAL FOR A NEW PLANT TO REPLACE HOLLY STREET. WE CANNOT GRIN AND BEAR IT ANYMORE. THE LAST TWO MEETINGS THAT WE'VE HAD IN OUR NEIGHBORHOOD, THE PREVIOUS ONE IN -- WHEN THE PLANNING COMMISSION WAS THERE, A LOT OF PEOPLE WERE THERE TO TALK ABOUT THE HOLLY STREET POWER PLANT. THEY COULDN'T TALK ABOUT IT. ANOTHER MEETING THIS TUESDAY TO TALK ABOUT IT. THEY ARE TELLING ME, MR. DELEON, WE HAVE TO DO SOMETHING, WE CAN'T CONTINUE THIS. THE PARENTS CONCERN OVER THE CHILDREN, PEOPLE THERE DIDN'T UNDERSTAND WHY WE WERE NOT EVACUATED. FRUSTRATED. AT ONE POINT THERE WAS A LITTLE HOLLERRING, BUT WE CALMED IT DOWN, BRING IT BACK TO THE POINT. WE NEED EVERYBODY'S HELP. THIS IS A COMMUNITY ISSUE. THIS IS A CITY OF AUSTIN-TRAVIS COUNTY ISSUE. MAYBE OUR NEIGHBORS IN BASTROP AND ELGIN, WHERE ELSE [INAUDIBLE] AUSTIN ENERGY, THIS CANNOT CONTINUE. ONE OF THE THINGS WE ASK IS RESPECT AS HUMAN BEINGS. IT'S NOT POWER THAT WE WANT. JUST RESPECT. AS HUMAN BEINGS. AS YOU SLEEP AT NIGHT, CAN YOU SLEEP COMFORTABLY KNOWING WE ARE HAVING TO SUFFER, ONE OF THE CHILDREN SAID, WAS THIS A TERRORIST ATTACK? WHAT'S HAPPENING? WHY IS THIS HAPPENING? OUR FIREMAN WHO LIVES RIGHT THERE ON HOLLY SAYS, I DON'T UNDERSTAND THIS. HE SPOKE AT THE LAST MEETING. HE SAYS, YOU ARE INVITED TO THE NEXT BARBECUE WE ARE GOING TO HAVE IN EAST AUSTIN. HE'S BEING SARCASTIC, THERE WAS ANGER LAST NIGHT. A LOT OF ANGER. BUT WE CAN'T DO THIS ALONE ANYMORE. WE NEED EVERYBODY'S HELP TO CALL THE CITY COUNCIL AND ASK FOR THAT, TO HELP US IN THIS ISSUE. BECAUSE YA BASTA, ENOUGH IS ENOUGH.

THANK YOU, FRANCES BAZAN-MARTINEZ? FRANCES BAZAN-MARTINEZ? JOE QUINTERO. WELCOME, SIR.

THANK YOU. I WOULD JUST LIKE TO SAY [SPEAKING IN SPANISH]. THEY ASKED CHUCK MANNING THE QUESTION, THE CITY EMPLOYEE, IF HE WOULD BE WILLING TO LIVE NEXT TO THE POWER PLANT. HE SAID HE WOULD. HE WOULD BE WILLING TO LIVE NEXT TO THE POWER PLANTED. ANYWAY, EAST AUSTIN TAXPAYERS WERE ANGRY AND SOMETHING IS MISSING. REPRESENTATION. THE FIRST HISPANIC MAYOR ON RECORD TELLS THE HISPANIC COMMUNITY THAT THE POWER PLANT WILL NOT BE CLOSED SOON. WE ARE FACING RACISM, GENTRIFICATION, NO REPRESENTATION ALIVE AND WELL IN EAST AUSTIN. WE LOST OUR HISPANIC SEAT, THAT'S WHY WE DON'T HAVE REPRESENTATION. AND THE ISSUES ARE NOT BEING ADDRESSED. MR. GARCIA, IN 1995, WHEN YOU WERE A COUNCILMEMBER, YOU VOTED TO CLOSE TWO OF THE FOUR HOLLY POWER PLANT GENERATORS IN 1998 AND THE OTHER TWO OLDER REMAINING GENERATORS IN THE YEAR 2005. FOUR YEARS LATER YOU REVERSE YOURSELF. IN 1999 YOU VOTED TO REOPEN TWO GENERATORS AT THE HOLLY POWER PLANT OVER THE OBJECTIONS OF THE NEIGHBORHOOD BECAUSE OF THE HISTORY OF FIRES AT THE PLANT LOCATED IN THE BARRIO. IN OCTOBER 1931, 2001, THERE WERE A SERIES OF ACCIDENTS IN THE LAST 10 YEARS. THE HOLLY STREET POWER PLANT SCHEDULED CLOSING FOR 2005 HAS BEEN POSTPONED UNTIL 2009 WITHOUT PUBLIC INPUT OR PUBLIC NOTICE. AUSTIN ENERGY AMENDED THEIR BUDGET TO CLEAR THE 2009 DATE IN THE CITY'S BUDGET AND WAS APPROVED ON SEPTEMBER 10TH, 2001. THE CITY SMART GROWTH PLAN IS BEING MANIPULATED BY THE CITY TO INCREASE BE GENTRIFICATION, THE HOLLY NEIGHBORHOOD PLAN APPROVED BY THE PLANNING COMMISSION OVER THE OBJECTIONS OF THE PEOPLE WHO LIVED IN EAST AUSTIN, THE HOLLY NEIGHBORHOOD PLAN IS NOT WHAT THE NEIGHBORHOOD WANTS. I KNOW YOUR EARS ARE COVER. THERE HAS NOT BEEN ENOUGH COMMUNITY INVOLVEMENT. IT IS SCHEDULED TO GO TO THE COUNCIL IN DECEMBER 6TH, 2001. IT'S JUST ANOTHER GENTRIFICATION PLAN FAMILIAR TO THE CESAR CHAVEZ -- SIMILAR TO THE CESAR CHAVEZ NEIGHBORHOOD PLAN. BY THE WAY, YOUR LEADERSHIP, THE LEADERSHIP TEAM, THE CESAR CHAVEZ NEIGHBORHOOD PLAN, THEY CAME HERE AND TOLD YOU I DON'T LIVE THERE. I HAVE BEEN LIVING THERE IN EAST AUSTIN FOR 35 YEARS. THEY TOLD YOU ALL I DIDN'T LIVE THERE. THEY TOLD GAVINO AND US WE DIDN'T LIVE THERE. EAST AUSTIN DID NOT SUPPORT YOU IN YOUR MAYORAL ELECTION BECAUSE OF YOUR RECORD ON THE ISSUES OF [INAUDIBLE]. RECENTLY WE GET THIS NEWSLETTER IN OUR MAILBOXES, IT'S ILLEGAL, IT'S ILLEGAL TO PUT THIS WITHOUT STAMPS. I HAVE A SECTOR REPRESENTATIVE THAT LIVES NEXT DOOR TO ME NOW, SHE REPRESENTS ME. SHE HAS A VOTE. SHE'S LIVED THERE SIX MONTHS, SHE'S FROM FORT WORTH. SO SHE WILL BE MY REPRESENTATIVE. [BUZZER SOUNDING] FOR YOUR NEIGHBORHOOD PLANS. THANK YOU.

MAYOR GARCIA: THANK YOU, MR. QUINTERO. PAUL HERNANDEZ? PAUL HERNANDEZ? MR. PAUL HERNANDEZ? MS. POLLY GRAY. MS. POLLY GRAY. JOHN CORRY. HE COMES IN THE ROOM, WE WILL RECOGNIZE HIM AT THIS TIME.

I'M JOHN CORRY, HOW IS EVERYBODY DOING? THE -- I WANT TO CONCENTRATE ON SOME OF THE ACTUAL THREATS, THE IMMEDIATE ONES, MORE DRAMATIC ONES THAT WE ARE FACING. JUST TO GIVE YOU SOME INFORMATION. OKAY? SOME DAIS WE HAVE FIESTA GARDENS, DIEZ Y SIES, CAMACO CENTER, ABOUT 8 BALL FIELDS, WHEN THAT PLACE FILL UP WITH CARS, WE HAVE SOMETHING LIKE I WOULD GUESS SOMETHING LIKE A THOUSAND VEHICLES. AND THEY ARE ALL PACKED INTO A SMALL SPACE. AND SO THAT -- THAT'S A SETUP FOR A CATASTROPHE THAT THE CITY IS GOING TO BE VULNERABLE FOR UNLESS WE DO SOMETHING. MORE SPECIFICALLY WHAT THE POSSIBLE THREATS ARE, ONCE BEFORE I TALKED TO YOU ABOUT A TRIPLE THREAT BECAUSE WE HAVE FIRE -- EXCUSE ME, WE HAVE ELECTRICITY, WE HAVE GAS, WE HAVE NATURAL GAS, WE HAVE DIESEL. OKAY. THIS RECENT FIRE THEY SHUT OFF THE GAS TO THE -- TO THE TURBO -- I GUESS IT'S A TURBO ENGINE, IN ORDER TO PREVENT -- WELL, [INAUDIBLE] THE COMMUNITY, ONCE YOU HAVE A FIRE THEY SHUT DOWN THE ENGINE. ONCE THEY SHUT DOWN THE ENGINE THE GAS KEPT COMING. THEY HAD TO OUTVENT IT TO THE STREET. IF THAT FIRE WERE NEAR THE OUTVENTING YOU WOULD HAVE AN EXPLOSION. IT'S A TRIPLE THREAT, AN INTERACTION BETWEEN ALL OF THESE ELEMENTS BECAUSE WE HAVE AN OLD PLANT. ANOTHER ONE IS THERE WAS SOMETHING LIKE THREE TO 500 GALLONS OF DIESEL THAT WAS SPILLED. I'M NOT SURE OF THE NUMBER, BUT I REMEMBER READING IT IN THE FIRE DEPARTMENT HAZMAT RECORDS. RIGHT NEAR THERE, ABOUT 20 YARDS FROM THERE, THERE WAS AN ELECTRICAL FIRE. IF YOU HAD BOTH OF THOSE THINGS OCCURRING AT THE SAME TIME, YOU COULD HAVE HAD A LARGE FIRE WITH TWO OR THREE00 GALLONS OF DIESEL, IT WOULD HAVE SPREAD TO THE 5 MILLION GALLONS ADJOINING THAT, RIGHT NEXT TO THEIR IS THE SOFTBALL FIELDS. SO ANY OF THESE TIMES THAT WE'VE HAD WHERE THE PLANT DISAPPEARED IN SMOKE, IT'S VERY SIMILAR TO THE WIZARD OF OZ. JUST DISAPPEARS IN SMOKE. IF WE HAD ALL OF THOSE PEOPLE THERE, IT WOULD HAVE BEEN A PANIC. SO THAT IS YOUR YOU WILL HAVABILITY. YOU KNOW, REALLY, VULNERABILITY, LAWSUITS OR DEATH COULD COME FROM THIS SITUATION. THE LAST THREAT, IT'S REALLY MORE THAN A TRIPLE THREAT, HUMAN ERROR. FOR EXAMPLE, I THINK SOMEBODY ALREADY POINTED THAT OUT, THAT ONE OF THE RESIDENTS CALLED IN AT 5:20 TO 911. IT WAS 5:45 THAT THE PLANT BECAME AWARE OF IT. THERE'S 25 MINUTES DIFFERENCE BECAUSE THEY ARE UNDERSTAFFED. THEY ONLY HAD FOUR PEOPLE THERE. OKAY? THEY WEREN'T AWARE OF THE FIRE FOR 25 MINUTES AS FAR AS I KNOW. IT MAY NOT BE SO THIS TIME. YOU KNOW, I'M NOT TRYING TO RUB ANYBODY'S NOSE IN ANY PROBLEMS. IT'S JUST A SITUATION THAT WE SHOULD RECTIFY SO THAT, YOU KNOW, WHILE WE ARE ARGUING ABOUT WHEN WE ARE GOING TO CLOSE THE PLANT, LET'S ALSO BE CAREFUL OF THE THINGS THAT COULD HAPPEN IN THE MEANTIME, THAT'S WHEN THE TRIPLE THREAT COMES IN. MY SUGGESTION OR THE SUGGESTIONS FROM THE COMMUNITY ARE EVACUATION PLAN, WE SHOULD AT LEAST ONE BUS THERE SO WE KNOW WHERE WE ARE GOING. [BUZZER SOUNDING] IF I CAN FINISH UP. OPEN ONE ONE OF THE EXITS FROM THE BALL FIELD. ABOUT 20 YARDS TO MAKE A NEW ROAD THERE. WE NEED A FIRE DRILL. THE MONITORS THAT KAREN HADEN WAS TALKING ABOUT, THEY ARE --

MAYOR GARCIA: CLOSE, PLEASE.

THERE'S A LOT MORE, BUT I HOPE YOU CLOSE THE PLANT AND TAKE HEED OF -- TAKE HEED OF THESE THINGS BECAUSE YOU ALL ARE VULNERABLE, THANK YOU.

MR. PAUL HERNANDEZ. MR. HERNANDEZ, WELCOME, SIR.

THANK YOU, MAYOR GARCIA, CONGRATULATIONS ON YOUR VICTORY. MEMBERS OF THE COUNCIL, MY NAME IS PAUL LEARN DEZ. I AM A MEMBER -- PAUL HERNANDEZ, A MEMBER OF EL CONCILIO, A COALITION OF MEXICAN AMERICAN NEIGHBORHOODS. IN FACT THE COALITION IS THE LONGEST EFFORT IN NEIGHBORHOOD PRESERVATION FOR THE MEXICAN AMERICAN COMMUNITY. THERE ARE SEVERAL ISSUES THAT -- THAT I COULD BRING UP. BUT THE PRIMARY ISSUES THAT I WANT TO ADDRESS TODAY ARE OF COURSE YOU HAVE ALREADY HEARD ABOUT THE HOLLY STREET POWER PLANT, IT NEEDS TO BE SHUT DOWN IMMEDIATELY. I BELIEVE THIS COUNCIL COULD DO THAT, COULD ORDER IT BE SHUT DOWN AND THE FACT THAT IT WOULD TAKE POSSIBLY FIVE YEARS TO ACTUALLY GET IT DONE COMPLETELY WOULD BE IN ORDER. NOW THE SECOND THING IS THAT LIGHT RAIL WOULD DESTROY OUR COMMUNITY. SOME OF YOU MAY NOT CARE IF THAT HAPPENS. SOME OF YOU DON'T KNOW WHAT TO DO BECAUSE SOME OF YOU HAVE BECOME PROPONENTS OF LIGHT RAIL. BUT IF YOU WANT TO DESTROY OUR COMMUNITY, THEN GO AHEAD AND FOLLOW LIGHT RAIL. INTO OUR COMMUNITY. THE -- THE THIRD ISSUE I WANT TO BRING UP, IS THE ISSUE OF THE HOLLY NEIGHBORHOOD PLAN. IT IS A FARCE. WHEN YOU HAVE A PLAN AND YOU DON'T TALK ABOUT THE TRUE ISSUES OF COMMUNITY, HOW DO YOU -- HOW DO YOU MAINTAIN A COMMUNITY OF LOW INCOME FOLKS, HOW DO YOU KEEP THOSE FOLKS THERE IN THAT COMMUNITY AS IT'S BEING IMPROVED. IT'S NOT BEING ADDRESSED. MR. -- MR. GARCIA, MAYOR, YOU HAVE AN OPPORTUNITY TO UNDO THE GREAT HARM THAT HAS BEEN DONE TO US. THIS PROCESS IS FOLLOWING THE 1928 MASTER PLAN. NOW, THE FACT THAT WE ARE NOW TALKING ABOUT THE ENVIRONMENT AND WATER AND GREENBELTS AND WHATNOT AS AN EXCUSE TO CREATE A DESIRED DEVELOPMENT ZONE IS NO DIFFERENT THAN THE 1928 MASTER PLAN THAT DECIDED TO EXPAND DOWNTOWN TO THE WEST WHERE THE MEXICAN AMERICAN AND AFRICAN AMERICAN COMMUNITY EXISTED AND THEREFORE DISPLACED OUR FOLKS INTO EAST AUSTIN. YOU ARE NOW DOING THE SAME THING, DISPLACING OUR FOLK, FURTHER OUT, FURTHER EAST, NORTH AND SOUTH. AND WHAT WE ARE NOW PLANNING FOR AND TRYING TO IMPROVE IS A COMMUNITY THAT WILL -- THAT IS NO LONGER EXISTING. THIS COMMUNITY THAT WE ARE LOOKING AT WILL BE MAINLY PROFESSIONAL, AFFLUENT, ANGLO AND NO LONGER A MEXICAN AMERICAN COMMUNITY. AND IF YOU DON'T KNOW THAT, THEN YOU MUST BE BLIND. MAYOR, YOU HAVE THAT OPPORTUNITY. YOU HAVE THE OPPORTUNITY AS WELL TO NOT JUST BE A TOKEN SYMBOL. BUT TO ACTUALLY NOT -- [BUZZER SOUNDING] -- BE A LAME DUCK MAYOR AND UNDO WHAT'S BEEN DONE TO US. THANK YOU SO MUCH. I APPRECIATE THE EFFORT THAT YOU HAVE DONE IN EDUCATION. I HOPE THAT YOU MAINTAIN THAT BECAUSE WE NEED IT VERY MUCH. THANK YOU.

MAYOR GARCIA: THANK YOU, MR. HERNANDEZ. POLLY GRAY. MS. POLLY GRAY. OKAY. LAST SPEAKER, CITIZENS COMMUNICATIONS, IS LORI C RENTERAIA.

THANK YOU, MAYOR, CONGRATULATIONS, THE WHOLE EAST CESAR CHAVEZ TEAM IS VERY THANKFUL AND HAPPY ABOUT YOU -- THAT YOU WERE ELECTED OUR MAYOR. I HAVE A THREE -- THREE THINGS THAT WERE -- THAT WE ARE HANDING OUT TO YOU TODAY. I'M GOING TO GO OVER THEM VERY BRIEFLY. THE FIRST IS A RESOLUTION PASSED UNANIMOUSLY BY OUR TEAM, BROUGHT TO US BY THE ENVIRONMENTAL COMMITTEE, ASKING SUPPORT IN THE HOLLY NEIGHBORS IMMEDIATE CLOSURE OF THE PLANT OR AT LEAST TO KEEP TO THE -- TO THE PREVIOUS DEADLINES. AND THE MAIN POINT IN THAT RESOLUTION IS THAT THE EAST CESAR CHAVEZ TEAM FEELS THAT THE PLANT KNOWS NO BOUNDARIES. WE ARE AFFECTED BY THE NOISE AND THE AIR POLLUTION AND WE WOULD LIKE AN OFFICIAL REPRESENTATIVE OF THE TEAM TO SERVE ON THE HOLLY CLOSURE COMMITTEE, WHICH WE THINK NEEDS TO BE REVAMPED. UNITEED EAST AUSTIN COALITION ATTENDED ONE MEETING OF THE ORIGINAL CLOSURE COMMITTEE. WE DIDN'T LIKE THE WAY THE MEETING WAS RUN BY THE COMMUNITY AND NOT THE CITY. WE FEEL LIKE THE CITY NEEDS TO TAKE CONTROL JUST LIKE THE MEETING ON TUESDAY. THERE WAS NO CITY OVERVIEW GIVEN AT THE BEGINNING OF THE MEETING. SO WE WOULD HOPE THAT YOU WOULD REVAMP THAT CLOSURE COMMITTEE, MAKE IT OPERATE MORE LIKE AN OFFICIAL CITY BOARD AND THAT THE ECC TEAM HAVE A REP ON IT. THE SECOND PART OF YOUR PACKET IS RELATED TO THE SOUP KITCHEN. WE HAD A MEETING AT SANCHEZ ON SEPTEMBER 11TH WITH 20 PEOPLE. AGAIN ON OCTOBER 30TH WITH ABOUT 40 PEOPLE. AND WE HAVE ANOTHER MEETING THAT YOU HAVE ALL BEEN INVITED TO ON DECEMBER 4TH, AT 6:00 P.M. AT SANCHEZ ELEMENTARY WITH A.P.D. WE HOPE THAT YOU WILL ALL ATTEND. THE COMMUNITY HAS BEEN ORGANIZED TO CLOSE THAT SOUP KITCHEN SINCE 1995. THAT'S WHEN WE FIRST CAME TO THE CITY COUNCIL WITH THOSE ACTION STEPS. WE REVISED IT WHEN THE MAYOR'S INITIATIVE TO BUILD A NEW SHELTER NEXT TO THE SALVATION ARMY, WE CAME BEFORE YOU AGAIN IN 1998. SO PLEASE LOOK OVER THOSE ACTION STEPS AND ATTEND OUR MEETING ON THE 4TH. FINALLY IN YOUR PACK, I WANTED TO TALK ABOUT THE PARKING ON LAWNS. WE ARE IN SERIOUS NEGOTIATIONS AMONG THE AMC TO TRY TO REACH A COMPROMISE ON THE NO PARKING ON LAWNS ORDINANCE. WE NEED TO REDEFINE THE LEGAL DEFINITION OF DRIVEWAYS BEFORE WE CAN REACH CONSENSUS. WE APPRECIATE THAT THE A.P.D. IS GOING TO DISCUSS THIS AT THE JANUARY COMMANDER FORUM MEETINGS, BUT NOT ALL NEIGHBORHOODS AND RESIDENTS AFFECTED ATTEND THOSE COMMUNITY FORUMS, NOR ARE THEY ACTIVE IN THE ANC. SO WE WOULD ASK THAT YOU POST A PUBLIC HEARING ON THE NO PARKING ORDINANCE, WHICH YOU ARE NOT REQUIRED TO DO, SO WE URGE YOU TO DO THAT. AND FINALLY, WE ATTACHED AN INVITATION TO OUR FIRST ANNUAL EAST CESAR CHAVEZ CAMINO DELAS LUCES. WE HOPE THAT YOU WILL HOP ON OUR HEY RIDES AT PLAZA SALTILLO PLAZA SALTILLO AT 6:30 ON DECEMBER 12TH.

THANKS YOU. I WOULD LIKE TO RECOGNIZE THE CITY MANAGER TO GIVE A BRIEF REPORT ON THE INITIATIVES AT THE HOLLY POWER PLANT, THEN I WILL RECOGNIZE COUNCILMEMBER ALVAREZ FOR SOME COMMENTS.

LET ME FIRST START BY SAYING THAT WE UNDERSTAND THE HIGH LEVEL OF CONCERN THAT THE COMMUNITY AND THE CITY COUNCIL HAVE WITH RESPECT TO THE OPERATION OF HOLLY AND THAT IT OUGHT TO BE OPERATED AT THE MOST SAFE AND AT THE HIGHEST SAFETY LEVEL. AND THAT WE AS A CITY SHOULD SPARE NO EXPENSE WITH RESPECT TO THAT. SECOND I THINK THE POINT THAT WE WANT TO MAKE AND OFFER AGAIN TODAY IS THAT I HAVE INSTRUCTED THE DIRECTOR OR THE GENERAL MANAGER OF AUSTIN ENERGY TO BEGIN TO DECOMMISSION THE FUEL TANKS SO THAT FUEL OIL WILL NO LONGER BE USE $AT HOLLY. THAT WILL START BY -- USED AT HOLLY. THAT WILL MAKE SURE THAT THE LINES WILL BE BASICALLY PLUGGED UP OR SHUT OFF SO THAT THAT FUEL WILL NOT BE ARRIVING IN FUEL TANKS. I THINK THE OTHER THING THAT WE WANT TO DO IS WE WANT TO PROVIDE TO THE CITY COUNCIL PERIODIC UPDATES ON A SIX-MONTH BASIS ON ALL OF THE STEPS THAT WE ARE DOING AND HAVE BEEN DOING PRIOR TO THE '95 RESOLUTION AND AFTER. I THINK SOMEONE MENTIONED HERE A FEW MINUTES AGO THAT THERE'S NO QUESTION THAT THIS WILL TAKE SOME TIME. WE HAVE BEEN DILIGENT ABOUT IT. WHAT WE HAVE DONE, WHAT WE HAVE WORKED HARD TO DO IS TO DO THIS IN A WAY TO HAVE -- TO NOT HAVE THIS ISSUE TO BE BROUGHT BEFORE THE VOTERS THROUGH A REVENUE BOND ELECTION, WHICH IS REQUIRED BY OUR CHARTER. IT MEANS THAT WE HAVE TO DO THIS IN CASH, I THINK WE CAN DO IT IN CASH. CERTAINLY THAT'S BEEN OUR INTENT ALL ALONG. I THINK THE FINAL POINT THAT I WOULD MAKE IS THAT ONE OF THE ISSUES THAT WAS RAISED HERE I BELIEVE BY ONE OF THE GENTLEMEN AND ACTUALLY SEVERAL OF YOU, THE CONCERN ABOUT GENTRIFICATION IN -- IN THAT AREA OF OUR CITY, AFTER WE CLOSED ROBERT MUELLER, AND WE HAVE NOW OPERATED OUR NEW AIRPORT FOR TWO YEARS, THE PROPERTY VALUES ALL AROUND THAT AREA OF OUR CITY HAVE GONE UP SIGNIFICANTLY. SO WE REALIZE THAT AS WE BEGIN ALL THE STEPS THAT NEED TO TAKE PLACE WITH RESPECT TO THIS FACILITY AND ITS DECOMMISSIONING AND TAKING IT OFF LINE AND CREASE IT'S OPERATION. WE ALSO UNDERSTAND BECAUSE OF THAT HISTORY WE'VE HAD WITH MUELLER, WE HAVE TO COGNIZANT WITH WHAT'S GOING TO BE HAPPENING WITH ALL OF THE VALUES AROUND THAT PROPERTY BECAUSE WE CERTAINLY DON'T WANT TO DISPLACE PEOPLE WHO HAVE LIVED THERE ALL THEIR LIVES. WE NEED TO BE DOING THIS PART AND PARCEL WITH THE COMMUNITY. WE MAY HAVE DISAGREEMENTS ABOUT THE TIMING. I DON'T THINK WE DISAGREE AT ALL WITH THE CONCLUSION. THAT'S THE CONCLUSION THAT WE TAKE THIS FACILITY OFF LINE AT NO LATER THAN 09. PROVIDED THE ECONOMICS WORKS IN TERMS OF BUYING ADDITIONAL POWER AND/OR OTHER THINGS WE MIGHT BE ABLE TO DO IT SOONER, THAT'S CERTAINLY LEFT OUT THERE. I HAVE GIVEN THAT CHARGE TO THE GENERAL MANAGER. WITH RESPECT TO -- I CAN MENTION JUST A COUPLE OF THINGS THAT CHUCK WAS GOING TO TALK ABOUT. HE MIGHT WANT TO ADD TO THIS JUST TO BE QUICK ABOUT THIS, MAYOR, ONE OF THE THINGS THAT AUSTIN ENERGY WILL BE DOING IMMEDIATELY IS THEY WILL BE MAKING AN ACQUISITION OF THE PHONE NOTIFICATION SYSTEM TO REALLY REPLACE THE RADIOS THAT THE -- THE HAND HELD RADIOS THAT MAY NOT WORK AS WELL AS OTHERS. IT'S 4800 A POP, YOU ARE ABLE TO CALL FOLKS TO LET THEM KNOW AND NOTIFY THEM THAT THERE'S A PROBLEM, WE WOULD WIRE THE APPROPRIATE HOMES TO MAKE SURE THAT THEY ARE ON THAT NOTIFICATION SYSTEM. WE WILL CONTINUE TO WORK WITH THE FIRE DEPARTMENT AND AUSTIN ENERGY WILL CONTINUE TO WORK WITH THEM TO -- FOR ANY OTHER IMPROVEMENTS THAT NEED TO GET MADE TO ENSURE THAT THIS PLANT IS SAFE AND OPERATED SAFELY AND THAT THE NOTIFICATIONS TO THOSE CITIZENS ALL AROUND THAT AREA DESIGNATED BY THE PLANT GET NOTIFIED. CHUCK, IF THERE'S ANYTHING THAT YOU WANT TO ADD TO THAT --

GOOD AFTERNOON, MAYOR, CITY COUNCIL. THE CITY MANAGER BASICALLY COVERED ALL OF THE CRITICAL ISSUES. THE PHONE SYSTEM WE MOVED ON IMMEDIATELY. WE MET WITH -- AS A MATTER OF FACT WE NEEDED RATIFICATION OF COUNCIL TO MAKE THIS HAPPEN. WE FOUND OUT THROUGH THE POLICE DEPARTMENT THAT THIS TYPE OF TECHNOLOGY IS AVAILABLE. WE MET WITH THE POLICE DEPARTMENT, FIRE DEPARTMENT AND IMMEDIATELY HAVE PUT THAT SYSTEM IN PLACE -- ON ORDER TO GET IT IN PLACE WITHIN 60 DAIS OR LESS, WHICH GREATLY ACTELERATES THAT TIME. AS THE CITY MANAGER SAID, THIS WILL AUTOMATICALLY CALL 48 PEOPLE AT A TILE, EVEN THE INCIDENT COMMANDER ON SITE CAN TALK DIRECTLY TO THE CITIZENS INVOLVED VIA THIS NEW PHONE SYSTEM. SO WE ARE DEFINITELY CONCERNED ABOUT THE SAFETY, THE WELFARE OF THE COMMUNITY, TAKING THOSE ACTS AS EXTINGUISH SHOWSLY AS POSSIBLE. -- EXPEDITIOUSLY AS POSSIBLE. WE HAVE TO DATE SPENT TO MAKE SURE THAT -- WE HAVE SPENT IN EXCESS OF $150 MILLION TO MAKE IT HAPPEN. BUT WE ARE COMMITTED AS THE MANAGER SAID, WE ARE COMMITTED TO MAKE THE PLANT CLOSE JUST AS SOON AS WE CAN.

MAYOR GARCIA: QUESTIONS FOR THE GENERAL MANAGER? THANK YOU VERY MUCH. COUNCILMEMBER ALVAREZ?

ALVAREZ: YES, THANK YOU, MAYOR. I THINK -- SOME OF THE ISSUES HAVE BEEN ADDRESSED PERIPHERALLY BY THE CITY MANAGER AND GENERAL MANAGER OF AUSTIN ENERGY. BUT I JUST DIDN'T WANT -- I DID WANT TO MENTION TO THE FOLKS HERE THAT WE WILL PUT AT LEAST A BRIEFING FOR NEXT WEEK ON THE AGENDA TO -- TO DISCUSS THE -- THE SAFETY ISSUES AND ALL OF THE FOLLOW-UP, MORE COMPREHENSIVE FEW OF ALL OF THE FOLLOW-UP ACTIVITIES THAT HAVE GONE ON SINCE THE INCIDENT TOOK PLACE AND I WOULD WANT TO MAKE SURE THAT WE CONTINUE TO ADDRESS THE NOTIFICATION ISSUE AND THIS ISSUE OF THE EVACUATION PLAN AND -- AND THE ISSUE OF -- OF WHO -- WHEN DOES IT GET REPORTED TO 911. THAT SEEMS LIKE A SIGNIFICANT ISSUE THAT -- THAT PEOPLE ON THE -- IN THE PLANT THEMSELVES BE CALLING -- CALLING 911 TO MAKE SURE, YOU KNOW, THAT IS COMMUNICATED AS QUICKLY AS POSSIBLE. AND THE ISSUE OF AIR MONITORING AND WHAT OPTIONS WE MIGHT HAVE, SO THAT WE COULD PARTNER WITH THE COMMUNITY TO -- TO MAKE SURE THAT WE CAN GET A GOOD -- A GOOD ASSESSMENT OF WHAT THE -- OF WHAT THE EXPOSURE IS AND LOOK AT A WHOLE RANGE OF CHEMICALS AND NOT JUST -- TO -- SO WE GET A BETTER SENSE OF IF THERE ARE ANY TOXIC CHEMICALS THAT THE COMMUNITY IS BEING EXPOSED TO, DIFFERENT OPTIONS THAT HAVE BEEN PUT ON THE TABLE THERE. AND SO -- SO WE WILL HAVE A BRIEFING ON THAT. THEN WE WILL ALSO POST THIS FOR EXECUTIVE SESSION. AT LEAST, YOU KNOW, REQUEST THAT THE CITY MANAGER PUT IN EXECUTIVE SESSION ITEM TO DISCUSS THE LONG-TERM POWER GENERATION ISSUES FOR THE UTILITIES SO THAT WE CAN LOOK AT THE COUNCIL -- THE COUNCIL CAN START LOOKING AT THOSE TO SEE -- TO SEE WHAT ARE -- YOU KNOW, WHAT IS THE FEASIBILITY OF THE CITY CLOSING THE PLANT AND HOW SOON IT CAN HAPPEN AND THEN -- BECAUSE IT'S A VERY COMPLICATED PROCESS AND -- AND WE HAVE TO DO IT RIGHT AND SO WE ARE GOING TO BEGIN THAT PROCESS OF -- OF LOOKING AT THE DATES AND LOOKING AT WHAT WE HAVE AVAILABLE AND WHAT'S COMMON -- WHAT'S COMING ONLINE AND WHEN. AND SO WE WILL BEGIN THAT PROCESS AS WELL. JUST WANTED TO MAKE SURE THAT FOLKS KNEW WE WERE BEGINNING TO ADDRESS ALL OF THOSE ISSUES.

MAYOR GARCIA: LIKE THE CITY MANAGER, MY GOAL IS TO CLOSE THAT PLANT AS SOON AS POSSIBLE. I THINK ONE OF THE SPEAKERS, I THINK IT WAS THE COMMISSIONER, INDICATED THAT THIS IS A -- THIS IS AN ISSUE THAT THE WHOLE COMMUNITY NEEDS TO ADDRESS. TO ALL OF US, ONE OF THE THINGS THAT CAN HELP US CLOSE THAT PLANT FASTER IS FOR CONSERVATION TO BECOME A REAL ISSUE IN THIS COMMUNITY. PEOPLE REALIZE THAT IF THEY CONSUMED LESS ELECTRICITY, WE CAN CLOSE THAT PLANT FASTER. SO I WILL BE ASKING THE COMMUNITY AND I AM ASKING THEM NOW, TO LOOK AT CONSERVATION HE WAS SO THAT WE -- EFFORTS SO THAT WE CAN REDUCE THE CONSUMPTION AND WE CAN MAKE THE STEPS TO CLOSE THAT PLANT. IT'S ENORMOUSLY IMPORTANT THAT WE PROTECT THE CITIZENS OF THE COMMUNITY IN THAT AREA. THANK YOU VERY MUCH. NOW WE ARE TO THE 2:00 TIME CERTAIN. CITY MANAGER, WE HAVE BONDS TO SELL.

GARZA: YES, SIR, LET ME CALL ON BILL NEW MAN. I -- NEWMAN. I BELIEVE ONE OF THESE ITEMS, THE AUSTIN ENERGY ITEM, WE HAD -- INFORMED THE COUNCIL EARLIER THAT IT WAS --

63 AND 64. SO THIS WILL BE ITEM 65.

BILL, PLEASE PROVIDE.

GOOD AFTERNOON, MAYOR AND COUNCIL, I'M BILL NEWMAN WITH PUBLIC FINANCIAL MANAGEMENT. WE SERVE AS FINANCIAL ADVISOR TO THE CITY. MY PARTNER CHRIS ALLEN IS GOING TO HAND OUT A LITTLE BROCHURE ON THE SALE THAT WE HAD. AS THE MANAGER MENTIONED, WE PULLED ITEMS 63 AND 64, IT WAS RELATED TO THE ELECTRIC SIDE. AS YOU ALL KNOW, WE LAST YEAR WE SPLIT THE SYSTEMS, WE SELL WATER AND WASTEWATER SYSTEM BONDS BY THEMSELVES AND ELECTRIC UTILITY BONDS BY THEMSELVES. AND IN THIS CASE, BECAUSE THE MARKET HAS MOVED AWAY FROM US ON 30 BASIS POINTS IN THE LAST TWO WEEKS, THE CITY'S FINANCIAL POLICIES DICTATE THAT WE MUST ATTAIN AT LEAST A FOUR AND A QUARTER PV SAVINGS, PRESENT VALUE SAVINGS ON A REFUNDING IN ORDER TO GET IT DONE. THAT INCREASE IN THE MARKET COUPLED WITH NEGATIVE ARBITRAGE IN THE TRANSACTION, CAUSED THE ELECTRIC TRANSACTION TO GO BELOW YOUR THRESHOLD. I WILL TELL KNEW A MINUTE ABOUT HOW WATER AND WASTEWATER, BUT IT WAS A MUCH HIGHER TRANSACTION AS FAR AS SAVINGS GOES. THE TRANSACTION RESULT -- RESULTED ULTIMATELY IN 99,500,000, NOT ONLY UTILITY SYSTEM BONDS BUT M.U.D. BONDS, IT REPRESENTED IN A NET PRESENT VALUE 8.25% OR ALMOST $8 MILLION, WHICH IS A VERY NICE SAVINGS TO SAY THE LEAST. IF YOU TURN TO PAGE 3, YOU CAN SEE SOME OF THE PLAYERS IN THIS TRANSACTION, SOME OF THEM ARE HERE TODAY, I WOULD LIKE TO INTRODUCE THEM. BOND COUNCIL ED ESCOVAL WITH FULBRIGHT AND JAWORSKI, MY PARTNERS FROM PUBLIC FINANCIAL MANAGEMENT ARE HERE, ANDY BINAM WITH SOLD LOCAL, SMITH BARNEY YOUR LEAD UNDERWRITER IS HERE WITH US AS WELL. I WOULD BE REMISS IF I DIDN'T MENTION DENNIS AND ART AND JOHN STEVENS FOR HELPING OUT AS THEY ALWAYS DO. CO-MANAGERS YOU SEE AT THE BOTTOM OF THE PAGE. WE HAD ORIGINALLY HOPED TO MARKET THIS TRANSACTION OR PRICE IT ON -- GET IT SOLD ON WEDNESDAY. AS I MENTIONED EARLIER THE MARKET STARTED TO TURN ON US VERY QUICKLY. YOU CAN SEE ON PAGE 4 THAT THE VOLUME IN THIS PAST WEEK HAS KICKED UP CONSIDERABLY FROM LAST WEEK. AT THE SAME TIME, RATES WERE MOVING AGAINST US. PAGE 5 YOU WILL SEE WHERE THE 10 YEAR NOTE AT LEAST HAD MOVED AWAY FROM US TO SOME DEGREE. AND PAGE 6, YOU SEE A BIG, BIG INCREASE, A JUMP BACK IN THE RATES IN THE 20 YEAR BONDS. IT WENT ALL THE WAY UP TO 528. BASICALLY WHAT'S HAPPENING IS IN THE ECONOMY, AS BEST I CAN TELL, THAT THE JOB NO.S ARE -- JOBLESS NUMBERS ARE A LOT HIGHER THAN WHAT WE ARE EXPECTING. IN ADDITION THERE'S MORE POCKETS OF WEAKNESS IN THE ECONOMY THAN THERE ARE STRENGTHS. I KNOW A LOT OF US HAVE BEEN HEARING ABOUT THE ECONOMY COMING BACK AND COMING BACK AND I THINK THE LAST WEEK WE WERE TALKING ABOUT HOW IT'S GOING AWAY, GOING AWAY. ULTIMATELY ON PAGE 7, WE HAVE GIVEN YOU THE RESULTS OF THE TRACKS ACTION. IT WAS -- TRANSACTION, IT WAS ENSURE, TRIPLE A BY ALL THREE RATING AGENCIES, MATURITY SCHEDULE IS ON THAT PAGE. WHAT SHOULD BE IN BIG BOLD PRINT AT THE BOTTOM IS THE INTEREST RATE THAT YOU SEFDZ. 4.08 -- RECEIVED, 4.08 PERCENT. RECORD LOWS AS FAR AS WHAT THE CITY HAS SEEN IN THE PAST. AND AN EXCELLENT INTEREST RATE. COMPARABLES ON THE BACK. PAGE 8. YOUR MOST SIGNIFICANT COMPARABLE I THINK IN THE MARKET THIS WEEK WAS BRYAN, THEY SOLD A WATER AND SEWER DEAL AS WELL EARLIER IN THE WEEK, LONGER AS FAR AS MATURITIES, SOLD AT A 4.86. AGAIN YOU SOLD AT A 4.06. I ALSO SHOULD MENTION AT THE END OF THE DAY, WE WERE IN THE MARKET ON TUESDAY. WE WERE TRYING TO HURRY IT UP SO WE WOULDN'T HAVE TO GO IN WITH VERY LARGE TRANSACTIONS ON WEDNESDAY AND WATCHING INTEREST RATES GOING UP. THIS WAS A 59 MILLION DOLLARS TRANSACTION. WHEN WE WERE READY TO CLOSE, SOLOMON, SMITH, BARNEY AND UNDERWRITING AGREED TO BUY THIS, HOLDING $40 MILLION IN THEIR POCKET. A LOT OF RISK ASSOCIATED WITH THAT WHEN THE MARKET IS MOVING LIKE IT IS. I WOULD LIKE TO COMMEND THEM FOR THEIR HARD WORK AND STEPPING UP TO THE PLATE IF YOU WOULD TO BUY THIS THING IN THOSE CONDITIONS. AS IT HAPPENED YESTERDAY AND TODAY, THEY HAVE BEEN ABLE TO ALONG WITH THE REST OF THE SYNDICATE, LEHMAN BROTHERS AND [INAUDIBLE] SECURITIES STEPPED UP AND SOLD, THEIR LIABILITY IS WAY DOWN. THEY DID A GREAT JOB OF COMING TO THE PLATE AND BUYING YOUR BONDS FOR SURE. I SURE THINK A THANK YOU IS IN ORDER FROM ME AT LEAST. IN ANY EVENT, I RECOMMEND APPROVAL OF THIS TRANSACTION. WE THANK YOU FOR THE OPPORTUNITY TO PARTICIPATE.

THANK YOU, QUESTIONS FOR MR. NEWMAN ON ITEM 56? IF NOT I WILL ENTERTAIN A MOTION.

SLUSHER: MOVE APPROVAL.

SECOND.

MAYOR GARCIA: MOTION BY COUNCILMEMBER SLUSHER, SECONDED BY COUNCILMEMBER WYNN. DISCUSSION? ALL THOSE IN GAVE SIGNIFY BY SAYING AYE. OPPOSED NO. MOTION CARRIES ON THE VOTE OF 7 TO 0. ALSO COUNCIL WE NEED TO ACT ON ITEMS 363 AND 46 TO POSTPONE INDEFINITELY. I WILL ENTERTAIN A MOTION TO DO THAT. MOTION BY COUNCILMEMBER GRIFFITH. SECONDED BY COUNCILMEMBER WYNN? THOMAS? DISCUSSION? ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE?

AYE.

OPPOSED NO.

THANK YOU, AGAIN, CONGRATULATIONS ON A GREAT TRANSACTION, WE WILL WATCH THAT ELECTRIC BILL FOR YOU, BRING IT BACK TO YOU.

WHEN WAS THE LAST TIME WE HAD AN 8.25 PERSONAL VALUE -- PRESENT VALUE SAVINGS.

I AM OLD, BUT I'M NOT THAT OLD. I DON'T REALLY REMEMBER. WE USUALLY GET 5, 5.5% ON PV SAVINGS, THAT WAS EXCELLENT.

MAYOR GARCIA: THANK YOU VERY MUCH. DID WE TAKE A VOTE ON THE POSTPONEMENT. YES? OKAY. COUNCIL, THAT'S THE LAST ITEM THAT WE HAVE BEFORE WE GO TO THE 3:30 TIME CERTAIN. --

ITEM NO. 4 IS APPROVE ORDINANCES TO ACCEPT OR REJECT SEALED BID OFFERS FOR THE SALE OF THREE TRACTS SUBJECT TO CONSERVATION EASEMENTS PURCHASED AS PART OF THE MAY 2ND, PROPOSITION 2, BARTON SPRINGS CLEAN DRINKING WATER PROJECT, CONSISTING OF A, 182.917 ACRES TRACT KNOWN AS MCLURE LOCATED AT 11218 FITZHUGH ROAD, B, 3 OF 1 -- 361.939 ACRE TRACT KNOWN AS BENDING OAKS LOCATED AT 10:30 1 HIGHWAY 290 WEST AND, 143.418 ACRE TRACT KNOWN AS PASCHALL LOCATED AT 8517 YOUNG LANE. I THINK MS. YOUNG IS GOING TO MAKE A PRESENTATION, WELCOME.

THANK YOU, IT'S MY PLEASURE TO BRING FORWARD THREE APPROPRIATE BIDS AS PART OF THE SALE OF WHAT WE CALL THE MAY PROP 2. EACH OF THESE BIDS ON THESE PARTICULAR PROPERTIES EITHER MEET OR EXCEED THE MINIMUM BID AMOUNT. WE STARTED THIS PROCESS SEPTEMBER 28TH, THE BIDS WERE DUE AT 4:00 ON NOVEMBER 19TH. WE HAVE OPENED THOSE BIDS, I WOULD LIKE TO BRING FORWARD ON EACH OF THOSE TRACTS A -- A BUYER. THE FIRST TRACT THAT WE HAVE REFERRED TO AS THE MCLURE TRACT, WHICH IS LOCATED OFF OF FITZHUGH, I MUST ADD EACH OF THESE SALES IS SUBJECT TO A CONSERVATION EASEMENT BEING RETAINED BY THE CITY OF AUSTIN. THE MCLURE TRACT ANN SCHWEPPE ASHMON IN THE AMOUNT OF 841,000 IS OUR BIDDER. WE ARE EXCITED TO WORK WITH HER ON THE PROPERTY. THE SECOND PIECE KNOWN AS BENDING OAKS, WHICH IS 361 ACRES, AGAIN BEING SOLD SUBJECT TO A CONSERVATION EASEMENT, BEING RETAINED BY THE CITY OF AUSTIN, GOES TO RAYMOND QUIONE, IN [INAUDIBLE] MINIMUM. THE THIRD PIECE FOR SALE THAT WE REFERRED TO AS PASCHALL OFF OF YOUNG LANE, DAVID R BREED IN THE AMOUNT OF $600,000, WHICH EXCEEDS THE MINIMUM BID AMOUNT OF ON THAT PARTICULAR PROPERTY. EACH OF THESE WE WILL BE NEGOTIATING AND EXECUTING CONTRACTS IN THE TWEKS TWO WEEKS WITH AN ANTICIPATED CLOSING WITHIN 30 TO 45 DAYS. THE MOAN, THE 2,401,000 THAT'S REPRESENTED AS THESE SALES, GOES BACK TO PAY A PORTION OF THE DEBT THAT'S OWED WHEN WE PURCHASED WHEN I CALL THE CITY'S RUTDER FORD, 1,740 ACRES LOCATED IN HAYS COUNTY ALONG ONION CREEK. RUTHERFORD.

GOODMAN: THANK YOU, ARE THERE ANY QUESTIONS? WE HAVE TWO SPEAKERS, BILL BUNCH AND COLLUM CLARK, HIS TIME IS GIVEN OVER TO MR. BUNCH. SO IF WE DON'T HAVE ANY QUESTIONS, WE CAN GO DIRECTLY TO CITIZENS COMMENT. OKAY. MR. BUNCH HAS 6 MINUTES.

THANK YOU, MAYOR PRO TEM. MEMBERS OF THE COUNCIL. I'M BILL BUNCH HERE ON BEHALF OF THE SAVE OUR SPRINGS ALLIANCE. AS YOU MAY RECALL, WE ASKED THAT YOU NOT LET THESE BIDS GO OUT BECAUSE THERE HAD BEEN A NO -- NO PUBLIC PROCESS OF ANY KIND. IN LOOKING AT WHICH PROPERTIES WERE APPROPRIATE FOR BEING SOLD OR HOW THEY MIGHT BEST BE DONE IN A WAY THAT WOULD PROVIDE MAXIMUM WATER QUALITY PROTECTION, MAXIMUM REVENUE RETURNS TO THE CITY, SO THAT WE CAN BUY MORE PRESERVE LANDS, AND IN A WAY THAT ENCOURAGES THE BEST PARTICIPATION AND VOTER CONFIDENCE. THE MAYOR -- THE CITY MANAGER POINTED OUT THAT THIS WAS ALWAYS PART OF THE PLAN THAT WE WOULD DEED RESTRICT AND RESELL. I THINK THAT'S RIGHT. WE DON'T DISAGREE WITH THE CONCEPT. BUT THE VOTERS DIDN'T KNOW THAT. AND THESE -- THESE ARE PUBLIC TRUST LANDS. AND CITIZENS HAVE A RIGHT TO PARTICIPATE AND BRING TO -- TO YOU THEIR IDEAS AND INPUT ON JUST SOMEHOW WE SHOULD GO ABOUT THIS. I BELIEVE STRONGLY THAT WE CAN GET MORE MOAN FOR THESE -- MORE MOAN FOR THESE AND GET GREATER LONG-TERM PROTECTION IF IT WAS APPROACH UNDERSTAND A DIFFERENT WAY. WHEN WE WERE HERE BEFORE, IT WAS SUPPOSESSED TO GET KICKED BACK TO THE BOARDS AND COMMISSIONS, WE THOUGHT THERE WAS GOING TO BE INPUT AND PARTICIPATION THERE. BUT IT WAS ONLY FOR PRESENTATION, THERE WAS NO REQUEST TO THE BOARDS AND COMMISSIONS TO MAKE ANY RECOMMENDATIONS. SO THE PROCESS HAS BEEN COMPLETELY EXCLUSIVE OF THE PUBLIC. WE TRIED TO INJECT THIS INTO THE PROP 2 STAKEHOLDER PROCESS, BUT WE WERE TOLD THERE IN THAT FORUM THAT THEY WERE ONLY GOING TO ADDRESS MANAGING THE LANDS THAT WE PRESERVE. AND THEY WOULD NOT TALK ABOUT IN ANY WAY THESE POLICIES ON HOW TO -- HOW TO PACKAGE UP FOR RESALE WITH APPROPRIATE DEED RESTRICTIONS. IT'S VERY SIMILAR AND UNFORTUNATELY A PATTERN WITH WHAT HAPPENED WITH FREIGHT BARKER. FRATE BARKER. AGAIN THERE THE CITY STAFF DEVELOPED ON THEIR OWN A POLICY FOR ALLOWING OUR LANDS, PRESERVE LANDS TO BE OPENED UP FOR ROADS AND OTHER UTILITIES TO CROSS THEM. WITHOUT ANY SORT OF PUBLIC PROCESS. ON DEVELOPING THAT KIND OF POLICY. AND IT'S VERY UNFORTUNATE BECAUSE IT ENDED UP IN A HUGE FIGHT AND CLASH WITH THE COUNTY. BECAUSE OF THAT. SO -- SO THESE LANDS BELONG TO THE COMMUNITY. WE NEED TO BUY MORELAND AND TO BE ABLE TO DO THAT, WE NEED TO BE ABLE TO MAINTAIN THE HIGHEST LEVEL OF TRUST AMONG THE PUBLIC. AND THAT -- THEIR CONCERNS AND INTERESTS ARE BEING HONORED, INVITED AND UTILIZED ON HOW WE GO ABOUT THIS KIND OF PROCESS. SO THAT -- THE PROCESS HAS BEEN WRONG. THE TIMING IS NOT GOOD, OBVIOUSLY. SMART MARKET PLAYERS BUY LOW AND SELL HIGH. WE ARE DOING THE OPPOSITE HERE. WE ARE BUYING HIGH. WE BOUGHT THESE IN A VERY HOT MARKET. AND NOW WE ARE -- WE ARE RUSHING TO SELL THEM. IN A VERY LOW MARKET. IF I UNDERSTAND MS. PLUMBER CORRECTLY. I HEAR ONE BID ON EACH PROPERTY. THAT'S NOT A PARTICULARLY STRONG MARKET. THAT'S NOT THE KIND OF BIDDING THAT I WOULD LIKE TO SEE AND WHICH I THINK WE COULD SEE IF THIS WAS MARKETED IN A WAY THAT THE COMMUNITY WAS REALLY BUYING INTO. THERE'S NO PUBLIC ACCESS, NO TRAIL EASEMENTS OF ANY KIND. WE HAD HOPED IN THE LONG TERM THESE GREEN PLACES MIGHT GET CONNECTED WITH A TRAIL SYSTEM. BUT HERE ARE SOME KEY LINKS, SOME DOTS ALONG THE CHAIN THAT WE ARE PROPOSING TO SELL WITHOUT RETAINING ANY SORT OF TRAIL EASEMENTS THAT WE MIGHT LINK TOGETHER. I THINK THERE COULD ACTUALLY BE HIGHER LEVELS OF DEVELOPMENT OFFERED FOR SALE. THE BENDING OAKS RANCH, THE LARGEST ONE, THE BID PACKAGE WAS SCOPED OUT AT TWO UNITS. WELL, MAYBE FIVE UNITS OR SOME OTHER NUMBER THAT MIGHT ACTUALLY HAVE SLIGHTLY HIGHER DEVELOPMENT, BUT WHICH WAS CLUSTERRED WHICH INSTEAD OF SELLING FEE SIMPLE WITH THE CITY RETAINING AN EASEMENT, YOU SELL SMALLER FEE SIMPLE PIECES, SAY 10 ACRES, WITH EVERYONE WHO BUYS IN OWNING A COMMON INTEREST. IN THE REMAINING SAY 300 ACRES. IF IN THAT WAY IF SOMEBODY WANTED TO PUT A ROAD EASEMENT THROUGH OR A UTILITY LINE EASEMENT, THEY WOULD HAVE TO CONDEMN EACH AND EVERY HOME OWNER. PLUS THE CITY. AND THAT'S A VERY IMPORTANT CONCERN BECAUSE THESE LANDS ARE ALWAYS GOING TO BE TARGETED AS EASY ROUTES FOR NEW ROADS AND UTILITY LINES. POACHED ON INVASIVELY. SO WE CAN CONSTRUCT A WAY WHERE PEOPLE ARE BUYING INTO A LARGER VISION, ONE THAT DOES INVOLVE SOME PUBLIC ACCESS, THAT DOESN'T INTRUDE ON THESE HOME SITES THAT WE WANT PEOPLE TO EMBRACE. AND ALSO HAS BETTER PROTECTION FOR THE ENVIRONMENT BY VIRTUE OF THAT LONG-TERM MULTIPLE EASEMENT HOLDERS AND ALSO FINDING THE BEST SITES WITHIN THESE OVERALL TRACTS TO PLACE THAT DEVELOPMENT. WHEREAS HERE THAT [BUZZER SOUNDING] THAT SPECIFIC TARGETTING OF DEVELOPMENT SITES HAS NOT TAKEN PLACE. SO THOSE ARE MY COMMENTS. WE DON'T WANT TO DISCOURAGE CONSERVATION BUYERS. BUT THIS PROCESS NEEDS TO BE ADDRESSED BEFORE WE GO FORWARD. THANK YOU.

GOODMAN: THANK YOU VERY MUCH. ARE THERE ANY QUESTIONS FOR MR. BUNCH BEFORE HE GOES? OR FOR STAFF?

WYNN: MAYOR PRO TEM, I HAVE A FEW QUESTIONS FOR STAFF.

MS. PLUMBER, CAN YOU BRIEFLY DESCRIBE HOW MANY WEB HITS AND LETTERS OF INTERESTS AND BID PACKAGE REQUESTS AND ULTIMATELY BIDS THAT WE GOT ON SOME OF THESE TRACTS.

YES, SIR, WE AVERAGED -- THE FIRST WEEK THESE WERE OUT WE HAD ABOUT 2500 HITS ON THE WEBSITE, ABOUT A THOUSAND HITS ON THE WEBSITE EVERY WEEK THEREAFTER. WE MAILED OUT ABOUT 50 PACKAGES AND WE HAD ABOUT -- I MEAN 300 PACKAGES AND WE HAD 50 THAT WERE PICKED UP AT ONE TEXAS CENTER. I SHOWWED THESE PROPERTIES ON A VERY REGULAR BASIS. SOME OBVIOUSLY MORE THAN OTHERS. AND WE ANSWERED, MYSELF AND MY ASSISTANT, NUMEROUS QUESTIONS REGARDING EACH OF THE TRACTS IN THE EXISTING EASEMENTS AND DEVELOPMENT QUESTIONS.

WYNN: OKAY. I DO WANT TO SAY ABOUT THE -- ABOUT THE -- SORRY, ANOTHER QUESTION THEN, REMINDS ME ALSO WHAT WAS YOUR ROLE IN -- IN APPROACHING DIFFERENT BOARDS AND COMMISSIONS TO GATHER SOME INPUT AND SOME UNDERSTANDING ABOUT THIS PROCESS.

YES, SIR. AT THE REQUEST OF MAYOR PRO TEM GOODMAN, I WANT TO THE LAND FACILITIES WITH PARKS BOARD, I WENT TO PARKS BOARD, THE ENVIRONMENTAL BOARD, I JOINED THE JOINT PLANNING, ZONING -- I FORGOT EXACTLY WHAT THEY ARE CALLED, ALSO ATTENDED THE WATER AND WASTEWATER COMMISSION, SO I MADE FIVE PRESENTATIONS IN ALL.

WAS THERE -- WAS THERE IN THEORY OPPORTUNITY AT THOSE BOARDS AND COMMISSION MEETINGS FOR FEEDBACK FROM SOME COMMISSIONERS, FOR SOME PUBLIC CITIZENS THERE AT THE TIME OR WAS THERE ADVANCE NOTICE ON THOSE INDIVIDUAL BOARDS AND COMMISSION HEARINGS THAT YOU WERE GOING TO BE THERE TALKING ABOUT THIS, ET CETERA.

YES, SIR, I WAS POSTED ON EVERY ONE OF THEIR AGENDAS. I HAD ABOUT AN HOUR LONG CONSERVATION WITH THE ENVIRONMENTAL BOARD, THAT WAS PROBABLY THE MOST DETAILED PRESENTATION AND DISCUSSION THAT I HAD. THE LAND AND FACILITIES COMMITTEE WITH THE PARKS BOARD WAS VERY DETAILED. WE WENT OVER A NUMBER OF ISSUES IN ABOUT -- PROBABLY ABOUT A 30, 45 MINUTE PERIOD OF TIME. THE OTHER PRESENTATIONS THERE WEREN'T ANY QUESTIONS OR ANYTHING THAT WAS NOT RESOLVED. I DON'T HAVE ANYONE SPEAKING FOR OR AGAINST AT ANY OF THESE PRESENTATIONS.

WYNN: THANK YOU. MAYOR PRO TEM, BASED ON THOSE ANSWERS, REALLY JUST, YOU KNOW, MY OVERALL UNDERSTANDING OF THE CONCEPT FROM DAY 1, I KNOW THAT OUR REAL ESTATE DEPARTMENT HAS DONE AN AMAZING JOB OF ADVERTISING THIS ISSUE, I KNOW THAT ALL OF OUR BIOLOGICAL RESOURCES AT THE CITY WERE PUT ON THIS PROJECT AND THAT WE HAD SIGNIFICANT ENVIRONMENTAL LAND USE, BIOLOGICAL PROTECTIONS INTO -- BUILT INTO THE CONSERVATION EASEMENTS. THE PERCENTAGE OF DEVELOPMENT POTENTIAL THAT'S EXTINGUISHED BY THESE THREE SALES IS REMARKABLE. IT'S 95, 96, 98%.

94.

SOMETHING LIKE THAT.

THESE TRACTS IN PARTICULAR ALSO WERE SPECIFICALLY TARGETED FOR PURCHASE BECAUSE THEY ARE DISPROPORTIONATELY MORE DEVELOPPABLE THAN OTHER PROPERTIES WITHIN THE BARTON SPRINGS ZONE. SO IT'S REALLY TAKING OUT DISPROPORTIONATELY MORE OF THAT POTENTIAL DEVELOPMENT. IN THIS CASE, WE HAD SOME -- SOME REALLY HIGH QUALITY CONSERVATION BUYERS STEP FORWARD TO DO EXACTLY WHAT WE HAVE ASKED FOR THEM TO DO, WITH BIDS EQUAL TO OR ABOVE WHAT WE NEEDED TO -- TO HAVE TO ACCOMPLISH OUR GOALS, BOTH MONETARILY AND MORE IMPORTANTLY ENVIRONMENTALLY. AND, YOU KNOW, I JUST THINK WE HANDLED IT IN A VERY APPROPRIATE MANNER. MY SLIGHT CONCERN, FRANKLY, IS THAT IF WE WERE TO BURDEN THIS -- THIS PROCESS EVEN MORE, I THINK WE WOULD ACTUALLY DISCOURAGE CONSERVATION BUYERS FROM STEPPING FORWARD AND FRANKLY EXPOSING THEMSELVES, YOU KNOW, TO -- TO, YOU KNOW, A DISPROPORTIONATE AMOUNT OF SCRUTINY ON A PROJECT THAT WE HAVE BUILT INTO THE APPROPRIATE PROTECTIONS. SO EVEN THOUGH WE ARE PROUD AND HAPPEN TO KNOW A COUPLE OF THESE CONSERVATION BUYERS, THE REAL STORY HERE ARE THE STRUCTURAL PROTECTIONS THAT WE HAVE BUILT INTO THE CONSERVATION EASEMENTS, THE RESTRICTIONS, THE FACT THAT THESE PROJECTS STILL HAVE TO COME THROUGH THE NORMAL PROCEDURES IN ORDER FOR HOMES TO BE BUILT, UTILITIES TO BE DELIVERED, FOR THINGS TO OCCUR. SO BASED ON -- I THINK IT'S BEEN A VERY GOOD JOB WITH CITY STAFF. A VERY GOOD RESPONSE BY STAFF FROM THE PUBLIC ON OUR IDEA OF CONSERVATION EASEMENT. OUR PARTNERS, WATER AND WASTEWATER PROVISIONS. I MOVE APPROVAL OF THESE ITEMS AS POSTED.

SLUSHER: SECOND.

GOODMAN: THERE'S A MOTION AND A SECOND TO APPROVE THE THREE ITEMS LISTED ON OUR AGENDA AND THAT WAS 182.917 ACRES, THE MCLURE TRACT AT 11.-- 11218 FIGHTS HUGH ROAD TO BUYER RAYMOND PCONJONE FOR 960,000 FOR 361.939 ACRES, WHICH IS THE BENDING OAKS TRACT, AT 10:30 1 HIGHWAY 290 WEST. AND TO BUYER DAVID R BREED, LOCAL DOCTOR BY THE WAY, FOR THE AMOUNT OF $600,000. FOR 143.418 ACRES, WHICH IS THE PASCHALL TRACT AT 8517 YOUNG LANE. WOULD EITHER OF YOU CARE TO SPEAK TO YOUR MOTION?

SLUSHER: COUNCILMEMBER WYNN ALREADY DID. I HAVE A COUPLE OF QUESTIONS, TOO. THANK YOU, MAYOR PRO TEM. WELL, A COUPLE OF THINGS THAT I WANT TO SAY ARE THAT -- FIRST OF ALL, I WOULD PREFER NOT TO SELL ANY OF THIS LAND. BUT WE HAD ALREADY SAID FROM THE START THAT WE WERE GOING TO SELL SOME OF IT, TAKE THE DEVELOPMENT RIGHTS OFF OF IT, AND SELL IT IN ORDER TO BUY MORELAND. AND IN THIS CASE WHAT WE ARE DOING IS SELLING THESE TRACTS IN ORDER TO HELP PAY FOR ONE TRACT THAT WE ALREADY PURCHASED, IN ADDITION TO THE 65 MILLION. WE HAVE ALREADY PURCHASED IN THE AREA. THIS IS THE TRACT THAT ACCORDING TO OUR BIOLOGICAL STAFF GETS 15% OF THE CREEK RECHARGE IN THE BARTON SPRINGS ZONE, GOES INTO THE AQUIFER ON THIS ONE TRACT THAT -- THAT MS. PLUMBER POINTED TO, THE RUTHERFORD TRACT DOWN IN NORTHERN HAYS COUNTY. PRETTY FAR SOUTH OF OUR OTHER HOLDINGS. POINTING TO IT ON THE MAP RIGHT NOW. ANOTHER THING I WANTED TO POINT OUT IS THAT I JUST HAVE -- I FEEL REALLY GOOD AND CONFIDENT ABOUT THIS PROGRAM BECAUSE OF THE CITY STAFF PEOPLE THAT ARE WORKING ON IT. MS. PLUMBER, MS. MCCLINTOCK, MR. CONRADT, I HAVE BEEN TO THESE PROPERTIES WITH THEM. I HAVE WORKED ON ACQUIRING PROPERTIES, IDENTIFYING PROPERTIES WITH THEM, THEY WANT THIS TO BE A GREAT PRESERVE AND A GREAT LEG GAYS THAT WE ALL LEAVE -- LEGACY THAT WE ALL LEAVE FOR THIS GENERATION AND ALL OF THE FUTURE GENERATIONS. I'M REALLY PROUD TO WORK WITH THEM. I KNOW WHEN THEY BRING US SOMETHING THAT THEY HAVE REALLY THOUGHT IT THROUGH. AND THEY ARE ALWAYS EQUIPPED TO ANSWER MORE QUESTIONS AS WELL THAT WE MIGHT HAVE. MS. PLUMBER, TELL ME, ON THESE -- THE THREE -- THE RED TRACTS, MAYBE THE TV CAN FOCUS ON THE MAP INSTEAD OF NOTICE A SECOND. [ONE MOMENT PLEASE FOR CHANGE IN CAPTIONERS]NO CARRIERRINGCONNECT 1200c TEST.

... THAT HAS NOT BEEN AVAILABLE TO US. THESE TWO TRACTS CURRENTLY ARE NOT ADJACENT TO ANY OTHER PROPERTY PURCHASED UNDER THE MAY PROP 2.

SLUSHER: WERE THESE ONE OF THE ONES --

YES, SIR, THESE WERE. AND AS PART OF THIS PROCESS YOU HAVE 67,000 ACRES OWNED IN FEE BY THIS PROJECT THAT WILL BE OPEN FOR PUBLIC ACCESS.

SLUSHER: OKAY. AND TAKE -- SHOW US TO THE WEST AND A LITTLE TOWARD THE SOUTHEAST OF THERE, I MEAN, OF THE THIRD RED ONE, SHOW US -- OR YENT PEOPLE WHERE THEY ARE. TAKE IT OVER TO THE EAST AND THEN TURN SOUTH AND SHOW THE CITY'S HOLDINGS AND WHERE THE CITY HAS TRAIL EASEMENTS IF YOU WOULD.

THAT 6,000 ACRES -- WE HAVE 675 ACRES HERE. HERE IS 1826, HERE IS 290. THIS CONNECTS TO THE SKLAUTER CREEK METROPOLITAN PARK AND I BELIEVE I SAID THE RIGHT NAME.

SLUSHER: I THINK IT HAS CIRCLE C IN THE NAME NOW.

EXCUSE ME. YOU HAVE THE VELOWAY HERE AND THE WILDFLOWER RESEARCH. THIS IS PARKLAND CONNECTING. THEN YOU HAVE MAY PROP 2 THAT COMES HERE. THIS TRACT IS 1,325 ACRES. SO YOU HAVE A FULL CONNECTION HERE FROM 1826. THIS IS BLISS SPILLAR, IN THE AREA OF POLICE SPILLAR ROAD.

SLUSHER: AND WE HAVE A TRAIL EASEMENT ACROSS PARTS OF THAT AS WELL?

YES, SIR, IN YOUR PARKLAND AREA.

SLUSHER: SO WE DO HAVE A FAIRLY LARGE GAP IN THERE BETWEEN THAT TRACT YOU ARE POINTING AT AT THE RUTHERFORD?

YES, SIR.

SLUSHER: BUT IF WE WERE ABLE TO CONNECT THOSE UP, WE WOULD HAVE A TRAIL THAT WOULD STRETCH ALL THE WAY FROM THE EAST OF SLAUGHTER KREEB METROPOLITAN PARK ON TO THE WEST -- DOWN BY THE WILDFLOWER CENTER AND WELL INTO HAYS COUNTY TO ONION CREEK?

THIS PIECE, RUTHERFORD CONNECTS TO 150. ULTIMATELY YOU WOULD BE ABLE TO GO FROM FM 150 IN HAYS COUNTY TO 1826. CLOSE TO THE 290 INTERSECTION.

SLUSHER: WOULD YOU PUT UP YOUR SHART ABOUT THE -- HOW MUCH IMPERVIOUS COVER HAS BEEN REMOVED FROM THIS TRACT?

ON THE MCCLURE TRACT, WHICH IS 183 ACRES, UNDER THE S.O.S., YOU COULD HAVE BUILT 36.76 ACRES. WE ARE ALLOWING 3.78 ACRES. SO 32.98 ACRES HAVE BEEN EX CONTINUING WIRKD. 90% OF THE DEVELOPMENT IS EXTINGUISHED ON THE MCCLURE TRACT. FOR BENDING OAKS, WHICH IS 362 ACRES, THERE WERE SOME POINTS, HAD 62 ACRES ALLOWABLE UNDER S.O.S.. WE'RE ALLOWING 2.48. 59.25 ACRES IS EX CONTINUING WIRKD, SO 96% OF THE DEVELOPMENT IS EXTINGUISHED. FOR THE PACHALL TRACT YOU HAD 21.47.86, 1% OF THAT TRACT IS ALLOWABLE. YOU EXTINGUISH 20.61 AND YOU ACCOMPLISHED REMOVING 96%. OVERALL FOR THIS WHOLE PROJECT OF THE SALE OF THESE THREE TRACTS, YOU HAVE 94% OF THE DEVELOPMENT REMOVED.

SLUSHER: WOULD YOU DO ONE MORE THING AND THEN I'LL LET YOU SIT DOWN. SHOWOUS THAT OTHER MAP WHERE THE CREEKS GO THROUGH BECAUSE I THINK THESE THREE, TWO OF THEM DO HAVE -- THERE'S ONE THAT HAS TWO SIDES. JUST SHOW US WHERE THE CREEKS ARE AND THEN SHOW US WHERE THE CREEKS FLOW THROUGH THE LAND THAT THE CITY HAS AND IS RETAINING.

OKAY. MCCLURE HAS A LITTLE BIT OF WHAT WE CALL THE HEAD WATERS OF MYRTLE CREEK. BUT BENDING OAKS YOU HAVE SLAUGHTER AND THEN ON PASCHALL YOU HAVE BOTH SIDES. SLAUGHTER CREEK CONTINUES HERE AND FOLLOWS THROUGH.

SLUSHER: AND THE GREEN IS TO THE LAND.

THEN YOU HAVE BEAR HERE AND ONION HERE.

SLUSHER: THANK YOU. GOOD WORK ON THAT.

YOU ARE WELCOME.

GOODMAN: COUNCILMEMBER, WAS THAT YOUR COMMENT FOR YOUR MOTION OR DID YOU WANT TO --.

SLUSHER: YES.

DO WE HAVE ANY OTHER COUNCILMEMBERS INCLUDING COUNCILMEMBER WYNN WISH TO COMMENT FURTHER?

THOMAS: MAYOR PRO TEM, I WOULD, IF YOU DON'T MIND.

GOODMAN: COUNCILMEMBER THOMAS.

THOMAS: LIKE EVERYONE ELSE, I COMMEND THE REAL ESTATE DEPARTMENT IN ALL THE HARD WORK THEY'VE DONE AND DOING -- I JUST NEED TO ASK, IS IT -- NOT TO BURDEN YOU WITH ANY MORE WORK, BUT IS IT ANYTHING ELSE WE CAN DO TO ENHANCE THE PUBLIC INVOLVEMENT IN THESE PROCESSES? IS THERE ANYTHING ELSE WE THOUGHT ABOUT LOOKING AT? BECAUSE IT APPEARS THAT YOU DID PRETTY WELL EVERYTHING THAT WE SAID THAT WE WERE GOING TO DO BEFORE I GOT HERE IN THE PROCESS. BUT ARE YOU OPEN TO ANY OTHER TYPE OF PROCESS TO ENHANCE WHAT WE'RE DOING TO LET THE PUBLIC BE INVOLVED?

LET ME MAKE SURE I UNDERSTAND. ARE WE OPEN TO MORE -- IS THAT WHAT YOUR QUESTION IS?

THOMAS: YES.

I THINK IN PARTICULAR WE'VE FOLLOWED STATE LAW AND LEFT THESE BIDS, YOU HAVE TO START THEFK AND END SPEM AND DURING THE PROCESS THEY ARE OPEN TO ALL OF THE PUBLIC, WE FOLLOWED THROUGH WITH THE FIVE PRESENTATIONS. BUT YOU HAVE TO OFFER EVERYONE THE OPPORTUNITY, WHICH DURING THAT SIX-WEEK PERIOD OF TIME THAT THESE BIDS HAVE BEEN OUT, WE DID OFFER THAT OPPORTUNITY TO ANYONE AND EVERYONE WHO WANTED TO ADDRESS THAT THROUGH SPECIFICALLY WE HAD A PHONE LINE SET UP TO ANSWER QUESTIONS. WE HAD A SPECIFIC WEBSITE. WE HAD AN E-MAIL ADDRESS SIMPLY FOR THE SALE SOFMENT THAT VERY INTENSIVELY DURING THAT SIX-WEEK PERIOD OF TIME WE COULD AND ALWAYS THOSE QUESTIONS. IT'S A LITTLE DIFFICULT WHEN YOU ARE LOOKING AT PROTECTING AN ASSET AND MAKING SURE THAT YOU IN FACT HAVE GIVEN EVERYONE THAT OPPORTUNITY. BUT YOU HAVE TO OPEN IT UP DURING THAT SAME TIME. SO I DON'T HAVE ANYTHING ELSE TO ADD AS FAR AS CONTINUING WITH THAT PROCESS.

THOMAS: THANK YOU. COULD I ASK MR. BUNCH A QUESTION? MR. BUNCH. WHAT'S SUGGESTION -- IN YOUR PRESENTATION EARLIER, YOU WERE SAYING THAT YOU FELT THAT THE PUBLIC WASN'T INVOLVED ENOUGH. COULD YOU CLARIFY WHAT YOU WERE SAYING THERE?

YES. THE SPECIFIC BID PACKAGE AND THE PARAMETERS OF WHAT KIND OF DEVELOPMENT RIGHTS WOULD BE SOLD VERSUS WHAT RESTRICTIONS WOULD BE RETAINED BY THE CITY, THE STAFF DECIDED THAT ON THEIR OWN. ALL THESE PUBLIC PRESENTATIONS SHE'S TALKED ABOUT HAPPENED AFTER THE BIDS WERE LET OUT AND THE SPECIFIC TERMS OF WHAT WE WERE OFFERING FOR SALE HAD ALREADY BEEN DECIDED BY STAFF AND STAFF ALONE. SO WHAT I WOULD ASK YOU, IF I READ YOU RIGHT, IF THERE IS GOING TO BE A VOTE TO APPROVE THIS TODAY, WHICH THERE IS OBVIOUSLY TWO VOTES TO DO THAT, THIS SHOULD NOT HAPPEN AGAIN. WE SHOULD HAVE A BOARD AND COMMISSION PROCESS WHERE PEOPLE ARE INVITED TO OFFER THEIR IDEAS AND SAY IN THE FUTURE WHEN WE'RE OFFERING PROP 2 LAND SALES UP, OR OTHER, YOU KNOW, PRESERVED TYPE LANDS WHERE WE'RE WITHHOLDING CONSERVATION EASEMENTS AND WE'RE HAVING TO BALANCE BETWEEN WANTING SOME MORE REVENUE, BUT ALSO WANTING AS LITTLE DEVELOPMENT AS POSSIBLE AND PREFERABLE MORE PUBLIC ACCESS THAT IS CORRECT THE PUBLIC CAN HELP SHAPE THOSE TERMS. SO IT'S NOT JUST THE STAFF DECIDING HOW THESE LANDS GET BOUGHT AND SOLD AND RESTRICTED OR NOT RESTRICTED OR HAVING THE PUBLIC INCLUDED OR EXCLUDED.

THOMAS: THANK YOU.

GOODMAN: COUNCILMEMBER ALVAREZ.

ALVAREZ: YES, I DID HAVE -- I DID HAVE A COUPLE OF QUESTIONS FOR MS. MS. PLUMBER. AND IN TERMS OF I GUESS THE BIDS WE RECEIVED, THEY MET THE MINIMUM BID FOR EQUAL -- OR QUALIFICATIONS IN TERMS OF THE PRICE.

YES, SIR, TWO EXCEEDED, ONE BY A THOUSAND, ONE BY 50,000. THE OTHER WAS AT THE MINIMUM BID AMOUNT.

ALVAREZ: AND IN TERMS OF THE APRAISE TD VALUE OF THOSE PROPERTIES, IS THAT -- WITH THE APPRAISAL?

YOUR MINIMUM BID AMOUNT WAS YOUR APRAISED VALUE. WITH THE DEVELOPMENT THAT WAS RETAINED AND THE DEVELOPMENT THAT WAS EXTINGUISHED.

ALVAREZ: BUT WE DID MEET AT LEAST THE APRAISED VALUE IF NOT MORE IN ONE INSTANCE?

IN TWO INSTANCES.

ALVAREZ: AND THE OTHER ISSUE RAISED ABOUT THE CREEK EASEMENTS, FROM OUR DISCUSSIONS IT'S MY UNDERSTANDING IT'S STILL POSSIBLE TO WORK WITH THE POTENTIAL BUYERS IN TERMS OF OUR ABILITY TO GET SOME EASEMENTS FOR ACCESS TO THE CREEKS OR WHAT IS YOUR UNDERSTANDING?

NO, SIR, THAT WAS NOT INCLUDED IN YOUR BID PACKAGE. NO PUBLIC ACCESS WAS CLEARLY DELYNN EIGHT OUT IN THOSE PACKAGES. YOU DON'T HAVE PUBLIC ACCESS ON ANY OF YOUR OTHER CONSERVATION EASEMENTS THAT ARE PART OF THIS PROJECT.

ALVAREZ: RIGHT. BUT --

THAT WOULD BE A TOTALLY DIFFERENT TERM.

ALVAREZ: SURE. OKAY. I WAS WONDERING ABOUT SOMETHING THAT COULD STILL BE NEGOTIATED. BUT ANYWAY, I THINK, YOU KNOW, THIS IS -- I MEAN I DO WANT TO COMPLIMENT YOU ON YOUR WORK ON THIS. I MEAN IT'S VERY QUICK TURN-AROUND. I MEAN I THINK ONE OF THE MAIN GOALS I WAS LOOKING AT TO MAKE SURE WE WERE TRYING TO LIMIT AS MUCH DEVELOPMENT AS POSSIBLE AND SO I THINK THAT WE SEE THROUGH THIS PROCESS WE'VE BEEN ABLE TO EXTINGUISH 96% OF THE DEVELOPMENT ON THESE TRACTS AND BE ABLE TO PAY OFF HALF OF RUTHERFORD IN TERMS OF THE INVESTMENT WE HAD MADE PREVIOUSLY IN THIS OTHER CRITICAL PURCHASE. SO I THINK IT'S A GOOD INVESTMENT, BUT I DO AGREE THAT WE DO NEED TO -- GNAW THAT WE'VE BEEN DOWN THIS ROAD ONCE, LET'S SEEK SOME PUBLIC INPUT OF IN TERMS OF WHAT ARE THE RESTRICTIONS AND THE EASEMENTS AND MAYBE DEVELOP A PROCESS BY WHICH WE'LL TAKE PUBLIC INPUT ON HOW TO GO ABOUT DOING THIS IF WE'RE GOING TO DO IT AGAIN AND WHEN WE DO IT AGAIN MAYBE WE WANT TO WAIT UNTIL THE MARKET GETS A LITTLE STRONGER. BUT I DO THINK IT WOULD BE PRUDENT FOR US TO TAKE AN OPPORTUNITY NOW THAT WE'VE DONE THIS TO SEEK SOME PUBLIC INPUT ON HOW TO DO THIS BETTER IN THE FUTURE. BUT THANK YOU VERY MUCH.

GRIFFITH: MAYOR? WHEN MR. ALVAREZ IS FINISHED.

MAYOR GARCIA: COUNCILMEMBER GRIFFITH.

GRIFFITH: THANK YOU, MAYOR. MS. PLUMBER, I WOULD OFFER A COUPLE OF SUGGESTIONS BASED ON WHAT COUNCILMEMBER THOMAS AND COUNCILMEMBER ALVAREZ HAVE BROUGHT UP IN TERMS OF GETTING MORE PUBLIC INPUT, MORE -- MORE IDEAS OF A WIDER RANGE OF RECOMMENDATIONS. MY UNDERSTANDING WAS, AND PERHAPS INCORRECTLY, THAT THE -- WHEN YOU VISITED THE BOARDS AND COMMISSIONS, THAT THERE WOULD BE ACTION ITEMS POSTED FOR RECOMMENDATIONS TO THE COUNCIL BY THOSE BOARDS AND COMMISSIONS. MAYBE I MISUNDERSTOOD WHAT WAS GOING TO HAPPEN. I WOULD HOPE YOU WOULD STRONGLY CONSIDER PLACING THOSE ITEMS WHEN YOU GO AGAIN AS ACTION ITEMS SO THERE WOULD BE RECOMMENDATIONS TO COUNCIL FROM THOSE BOARDS AND COMMISSIONS THAT YOU VISITED. AND ALSO WHEN THEY ARE POSTED ITEMS, YOU MIGHT GET SOME MORE FOLKS TO COME AND TALK. ALSO IN TERMS OF THE TRAIL EASEMENTS, WHAT I HOPE YOU WILL CONSIDER IS BUILDING THE TRAIL EASEMENTS IN ON THE FRONT END OF THE PACKAGE SO THEY ARE THERE BEFORE THEY EVER GO OUT SO IT WON'T BE AN ISSUE. IT WILL ALREADY -- IF A PERSON RESPONDS, THINK WILL KNOW THAT PART OF THE PROGRAM IS GOING TO BE THE TRAIL EASEMENTS. AND IN THAT WAY WE CANNOT ONLY GO WAY SOUTH, WHICH IS A GREAT GOAL, BUT WE CAN ALSO GO NORTH TO THOSE BIG GREEN PIECES UP THERE ON TOP. SO I WOULD ASK YOU TO CONSIDER THOSE TWO THINGS.

YES, MA'AM.

GOODMAN: MAYOR?

MAYOR GARCIA: MAYOR PRO TEM.

GOODMAN: COULD I ASK YOU IF YOU REMEMBER WHEN IT WAS THAT WE SENT YOU OUT TO GO TO BOARDS AND COMMISSIONS?

YES, MA'AM. SEPTEMBER 27TH I RECEIVED THE INSTRUCTIONS. I ATTENDED THE LAND AND FACILITIES OCTOBER 16TH. I WENT THEN TO THE JOINT PLANNING AND ZONING ON THE 17TH. I KNOW THAT I WENT IN NOVEMBER ON THE 7TH TO THE WATER AND WASTEWATER -- SORRY I DON'T REMEMBER THE DATE ON THE ENVIRONMENTAL BOARD. I BELIEVE IT WAS MID OCTOBER.

GOODMAN: OKAY.

I TRIED TO SEE ALL OF THEM AS QUICK AS POSSIBLE SO THAT IT WAS AT THE BEGINNING WHEN THE BIDS WERE OUT.

GOODMAN: RIGHT. AND JUST AS A PRACTICAL ISSUE, MAYOR AND COUNCIL, WHAT I WOULD LIKE TO SAY IS THAT NO BOARD AND COMMISSION IS PRECLUDED FROM HAVING AN ACTION ITEM, AND THAT'S NOT MS. PLUMBER'S JOB. HER JOB AS GIVEN TO HER BY US WAS TO ASK TO BE ON THEIR AGENDA. AND IF AT THE TIME OF AN AGENDA A BOARD OR COMMISSION DID NOT HAVE AN ACTION ITEM ON THEIR AGENDA, THEY CERTAINLY WITH ANY INITIATIVE AND A NEED TO MAKE A COMMENT OR RECOMMENDATION WOULD HAVE HAD THAT ITEM ON THEIR NEXT AGENDA FOR COMMENTS AND/OR RECOMMENDATIONS FOR EITHER THESE PARTICULAR CASES OR THOSE IN THE FUTURE TO US. AND THE REASON I SAY THAT IS BECAUSE THEY ARE NOT PRECLUDED AT THIS MOMENT EITHER. AND THE INPUT -- AND I'M NOT -- THE INPUT THAT THEY OFFER TO US DOES NOT HAVE TO BE SOLICITED BY US PER SE. BACK WHEN I WAS ON A BOARD AND COMMISSION, ACTUALLY WE WOUND UP OFFERING COUNCIL OUR SUGGESTIONS AT THE DROP OF A HAT. AND WE DIDN'T ALWAYS WAIT TO BE INVITED TO DO THAT. SO I DON'T THINK THAT THERE ARE ANY RULES IN PLACE THAT WOULD PRECLUDE THAT FROM HAPPENING NOW EITHER. THE REASON I DID WANT TO MENTION THAT IS BECAUSE IF WE ARE GOING TO TALK ABOUT TRAIL EASEMENTS AND PUBLIC ACCESS, I THINK THAT THAT IS REALLY GOING TO TAKE SOME DISCUSSION. THERE ARE VERY MUCH ISSUES THAT COME UP WHEN A PRIVATE PROPERTY OWNER IS TALKING ABOUT EASEMENT AND PURCHASE AND ESPECIALLY FITS ADJACENT TO LAND THAT THEY ALREADY HAVE AND THEY KIND OF KNOW WHAT THE POSSIBILITIES FOR PUBLIC ACCESS ARE. AND THAT MIGHT HAVE A VERY DISTINCT IMPACT ON WHO RESPONDS TO OUR OFFERS AND OUR OPPORTUNITIES. SO ENVIRONMENTAL BOARD AND PARK BOARD LAND AND FACILITIES WILL BE KIND OF THE HUB OF DISCUSSIONS FOR THOSE KIND OF THINGS AND THEN WE'LL HAVE TO LOOK AT IT IN AN EVALUATION STANDPOINT -- FROM AN EVALUATION STANDPOINT TO SEE WHETHER THAT IN FACT WILL PRECLUDE US OR IMPACT US NEGATIVELY ON HAVING THE KIND OF INTEREST THAT WAS SHOWN TO US ON THESE. THE OTHER THING WAS A QUESTION I WANTED TO ASK JEANNIE. MR. BUNCH SAID SOMETHING ABOUT THESE WERE GOING TO BE -- OR THIS KIND OF SITUATION WOULD ALWAYS BE AN EASY MARK OR AN EASY TARGET OR SOMETHING LIKE THAT FOR ROADS, AND I'M NOT SURE IF I'M PARAPHRASING THAT RIGHT, SO IF YOU HEARD THAT COMMENT, COULD YOU TELL ME HOW THAT APPLIES? WHAT HAPPENS IF THAT IS AN ISSUE ON SOMETHING LIKE THESE EASEMENT PURCHASES?

I CAN TELL YOU WITHIN THE CONSERVATION EASEMENT THE OWNERS OF THESE PROPERTIES CANNOT EVEN GRANT AN EASTMENT WITHOUT NOTIFYING US AND US PARTICIPATING. WE HAVE A VERY STRONG DESIRE TO PROTECT THESE FOR WATER QUALITY PURPOSES. SO WE ARE AS THE CONSERVATION EASEMENT HOLDER, WE ARE VERY ACTIVE IN ANY EASEMENT THAT MAY BE GRANTED. ALTHOUGH THAT DOESN'T PRECLUDE SOMEONE FROM CONDEMNING IN PARTICULAR. BUT WE ARE PART OF THE PROCESS EVEN IF A PROPERTY OWNER DECIDES THEY WANT TO EVEN GRANT OR THEY'VE BEEN NOTIFIED THAT THEY WOULD LIKE, SOMEONE WANTS AN EASTMENT OR ROAD WIDENED OR SOMETHING LIKE THAT, WE ARE STILL THEIR PARTNER SO TO SPEAK AND RESPOND TO THAT AND MAKE SURE THAT THOSE EASEMENTS OR WIDENING OF ROADS NOT AFFECT ANY WATER QUALITY OR QUANTITY ISSUE, WHICH IS THE MAIN GOAL AND ISSUE IN PARTICULAR FOR THIS PROJECT.

GOODMAN: THANK YOU. AND MY OTHER QUICK QUESTION WAS SINCE WE BOUGHT THIS BEFORE WE REALLY HAD THE MONEY TO BUY -- OR BOUGHT THESE ORIGINALLY BEFORE WE HAD THE -- OR THE RUTHERFORD IS WHAT I'M TALKING ABOUT, TRACT, BEFORE WE HAD THE MONEY TECHNICALLY TO BUY IT, WE DID IN ESSENCE GET A LOAN FROM WITHIN THE CITY FROM WATER AND WASTEWATER, RIGHT?

YES, MA'AM, WE DID. AND IT WAS MADE VERY CLEAR THAT I NEED TO MAKE SURE THAT DEBT WAS REPAID.

GOODMAN: I JUST WANTED TO REMIND THAT WITHIN THE CITY EVEN THOUGH IT'S DEPARTMENT TO DEPARTMENT, SOMEBODY WINDS UP PAYING FOR SOMETHING SOMEWHERE. SO IF WE HAVE THE OPTION TO WAIT FOR A BETTER MARKET, I'M SURE WE WILL. WOULD HAVE AND WILL. WOULD YOU AGREE WITH THAT?

WE STILL HAVE ONE TRACT PENDING, BRODIE. THAT'S ABOUT 84 ACRES AT 360 AND LAMAR. THAT IS ALWAYS ONE TRACT WE'VE CONTEMPLATED AND LOOKED AT AND DONE A COUPLE LAND PLANS AND WE'RE STILL CONTINUE TO GO WORK ON THAT PARTICULAR PIECE THAT. IS A TRACT THAT IS PENNED THANKING WE'VE ALWAYS TALKED ABOUT SELLING WITH THE CONSERVATION EASEMENT.

GOODMAN: THANKS. MAYOR, THE LAST THING I WOULD SAY IS THAT THE REASON I THINK THAT THESE ARE PRETTY STELLAR OPPORTUNITIES FOR US IS BECAUSE OF THE ISSUE THAT WAS RAISED IN THAT THEY ARE THE MOST VULNERABLE AS FAR AS DEVELOPMENTAL PRESSURES, AND THE COMPARABLES THAT I WAS LOOKING AT ARE PRETTY SIGNIFICANT TOO. I'LL SAY THEN IN A SLIGHTLY DIFFERENT WAY THAN THE WAY MS. PLUMBER'S CHART WAS, WHICH IS THAT ON THE FIRST TRACT, ON THE MCCLURE TRACT, AND THE BUYER, BY THE WARX VERY WELL KNOWN TO LARGE PRESERVE ADVOCATES AND NATURALISTS, PRETTY FAMOUS NAMES THERE, MS. ASH MAN AND HER SISTER. S.O.S., WHICH IN THIS PARTICULAR TRACT WOULD HAVE 20% IMPERVIOUS COVER ON BARTON CREEK AND 25% ON SLAUGHTER, AND THAT GAVE YOU THE 36.76 ACRES THAT JEANNIE MENTIONED, HAS COME DOWN TO 2.1% IMPERVIOUS COVER. AND THAT'S 3.78 ACRES. SO JUST THE FACT THAT S.O.S. WOULD GIVE YOU 20% IMPERVIOUS COVER AND 25% IMPERVIOUS COVER ON THOSE TWO WATERSHEDS AND HAS COME DOWN TO 2.1, I THINK IS A COMPARABLE THAT TELLS YOU WHAT SIGNIFICANCE THIS HAS. ON THE BENDING OAKS TRACT, S.O.S., WHICH IS 25% IMPERVIOUS COVER AND THAT WATERSHED WOULD GIVE YOU 62 ACRES OF DEVELOPMENT, AND THE PURCHASER HERE IS BUYING 1% OR 2 -- NOT QUITE TWO AND A HALF ACRES OF IMPERVIOUS COVER. ON THE THIRD TRACT, DR. BREED, WHO UNDER S.O.S. WOULD BE ALLOWED 25% OR 21.47 ACRES OF IMPERVIOUS COVER, IS PURCHASING 1% OR NOT QUITE ONE ACRE FOR RESIDENTIAL DEVELOPMENT. AND I JUST DON'T THINK YOU CAN GET MUCH BETTER THAN THIS. MAYBE IN A DIFFERENT MARKET WE COULD GET BETTER PRICES, BUT I DON'T THINK THAT FOR AN ACRE OR TWO AND A HALF ACRES OR THREE, ALMOST FOUR ACRES YOU ARE GOING TO GET MUCH BETTER PRICES THAN THIS. SO I'M SATISFIED, MAYOR. THANKS.

MAYOR GARCIA: COUNCILMEMBER GRIFFITH.

GRIFFITH: YES. IF THE COUNCIL WANTED TO HAVE AN ACTION ITEM ON -- ON THESE BOARD AND COMMISSION AGENDAS WHEN MS. PLUMBER GOES TO TALK ABOUT PARTICULAR OPPORTUNITIES, AND MAYBE THIS IS A CITY MANAGER QUESTION, WHAT WOULD THE PROCESS FOR THAT BE?

GARZA: WELL, THE BOARDS AND COMMISSIONS SET THEIR AGENDA WITH THE DIRECTOR OR DIRECTORS, DEPENDING ON THE NUMBER OF PEOPLE -- NUMBER OF DEPARTMENTS THAT BRING ITEMS TO THEM. SO THERE WAS AN ITEM THAT THEY WANTED TO SCHEDULE FOR A -- AND NOT REALLY FOR ACTION BECAUSE THEY NEVER TAKE ACTION. THE ONLY BODY IN THIS CITY THAT TAKES ACTION IS THE AUSTIN CITY COUNCIL. THEY WOULD THEN TAKE -- THE AX WOULD BE SIMPLY TO RECOMMEND THE COUNCIL DO X OR Y.

GRIFFITH: RIGHT.

GARZA: AND THE INTENT OF US DOING THE BRIEFING WAS TO GET PUBLIC -- ACTUALLY THEIR INPUT AND ADVICE IN ONE OF THE MEETINGS, FROM -- JEANNIE'S PRESENTATION TOOK OVER AN HOUR. WE WOULD ASK THAT YOU ARE -- YOU ARE ASKING FROM RECOMMENDATION FROM THE VARIOUS BOARDS AND KMIGTSDZ. THE DIRECTOR WOULD WHEN THE ITEM GOT PUT ON THERE WOULD BE A VOTE TO SAY WE RECOMMEND IT OR DON'T RECOMMEND IT.

GRIFFITH: SO THE PROCESS WOULD BE WORK WITH THE PARTICULAR DIRECTORS OR --.

GARZA: WELL, IF --.

GRIFFITH: HOW WOULD IT WORK?

GARZA: IF MY OFFICE KNEW THAT'S WHAT YOU WANTED, WE WOULD ASK JEAN GEE TO WORK WITH THE VARIOUS DIRECTORS. THAT IT BE FOR THE SPECIFICS OF A RECOMMENDATION FROM THAT BOARD AND COMMISSION TO THE CITY COUNCIL.

GRIFFITH: THANK YOU.

MAYOR GARCIA: OTHER QUESTIONS.

GOODMAN: MAYOR? I'M SORRY, WAS SOMEBODY ELSE? I JUST HAD A QUESTION ABOUT BOARD AND COMMISSION PARTICIPATION. I DON'T WANT TO BEAT A DEAD HORSE, BUT I WANT TO SAY WHEN COUNCILMEMBER GRIFFITH AND I FIRST PUT TOGETHER THIS MOTION BACK A WHILE, THERE WAS THE OPPORTUNITY AND CERTAINLY THE MENTION OF THE OPPORTUNITY FOR BOARDS AND COMMISSIONS TO GIVE US THEIR FEEDBACK, THEIR RECOMMENDATION, THEIR COMMENTS, WHATEVER. AND IT JUST SEEMS TO ME LIKE WE'RE TRYING TO SAY WE HAVE DONE SOMETHING WRONG, THAT WE HAVE SOMEHOW PUT A LID ON BOARD AND COMMISSION OR ANY OTHER PUBLIC COMMENT, AND I WANTED TO MAKE SURE THAT EVERYBODY KNEW TT THERE WAS NO PROVISO THAT WE WOULD COME TALK TO YOU ABOUT WHAT THESE ISSUES AND PROPOSALS WERE, AND YOU WERE NOT ALLOWED TO COMMENT BACK. THAT THE COUNCIL HAD NO DESIRE TO HEAR ANY COMMENT OR RECOMMENDATION BY PUBLIC OR BOARD AND COMMISSION. SO JUST SO THAT THE PERCEPTION IS NOT THAT SOMEHOW COUNCIL WAS SAYING THIS IS THE DEAL AND WE REALLY DON'T CARE IF YOU HAVE A COMMENT, THAT WAS NOT THE MOTION THAT WENT OUT OF COUNCIL TO THE BOARDS AND COMMISSIONS FOR THEIR PRESENTATIONS AND FOR THEIR COMMENTS TO RETURN.

GRIFFITH: I AGREE. THE OPENNESS WAS THE WHOLE PURPOSE OF IT.

MAYOR GARCIA: OKAY, THERE'S) A MOTION BY COUNCILMEMBER WYNN, SECONDED BY COUNCILMEMBER SLUSHER. FURTHER DISCUSSION? ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. OPPOSED SAY NO. NO. MOTION CARRIES ON A VOTE OF 7-0. WE WILL NOW RECESS UNTIL 3:30, AT WHICH TIME WE WILL TAKE UP THE AGENDA FOR THE AUSTIN HOUSING FINANCE CORPORATION. WE STAND IN RECESS FOR 35 MINUTES. TIME. [ONE MOMENT, PLEASE, WHILE CAPTIONERS CHANGE]. TEST TEST TEST THIS IS A TEST, AFGHANISTAN, AHFC, AHFC, ZY,ZY, ZOOE, ZOOE, Z-1, Z-2,

MAYOR GARCIA:, AT THIS TIME I WOULD LIKE TO CALL TO ORDER THE MEETING OF THE AUSTIN HOUSING FINANCE CORPORATION BOARD OF DIRECTORS. IT'S A TIME CERTAIN AT 3:30. ON NOVEMBER THE 29TH, WE ARE IN THE BOARD ROOM OF THE LOWER COLORADO RIVER AUTHORITY, HANCOCK BUILDING, 3700 LAKE AUSTIN BOULEVARD, AUSTIN, TEXAS FOR THE -- FOUR AGENDA ITEMS. THE FIRST ONE IS APPROVAL OF THE MINUTES FOR THE AUSTIN HOUSING FINANCE CORPORATION SPECIAL CALLED MEETING OF NOVEMBER THE 8TH.

MR. PRESIDENT, IF I COULD OR -- IT MIGHT BE MORE APPROPRIATE FOR PROTOCOL PURPOSES IF YOU DON'T MIND RESPECTFULLY TO TAKE UP ITEM NO. 2 FIRST.

MAYOR GARCIA: OKAY. I WAS ACTING AS PRESIDENT. NUMBER TWO IS TO APPOINT THE PRESIDENT OF THE BOARD OF DIRECTORS FOR THE AUSTIN HOUSING FINANCE CORPORATION. I DON'T HAVE IF I HAVE THE VOTES LINED UP LAWFTD.

SLUSHER: MOVE APPROVAL.

SECOND.

MAYOR GARCIA: THIS IS TO NAME ME AS PRESIDENT, CORRECT?

YES, SIR.

MAYOR GARCIA: THAT'S THE ONLY MOTION THAT I WILL ENTERTAIN. [ LAUGHTER ]. ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.

AYE. MOTION CARRIES. OKAY, NOW TO NUMBER ONE, APPROVAL OF THE MINUTES.

CONGRATULATIONS, MR. PRESIDENT, YES, SIR. THAT IS CORRECT.

MAYOR GARCIA: ANY MOTIONS ON THIS ONE.

THOMAS: I MOVE.

MAYOR GARCIA: MOTION BY BOARD MEMBER THOMAS, SECONDED BY BOARD MEMBER GRIFFITH? [INAUDIBLE]. YEAH. ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.

I'M SORRY, I CAN'T VOTE ON THIS ONE, I HAVE TO ABSTAIN BECAUSE I WAS NOT A MEMBER OF THE BOARD AT THE TIME.

SLUSHER: MAYOR, WOULD YOU SHOW ME ABSTAINING, TOO, BECAUSE I WAS OUT OF THE ROOM AT THE TIME LAST TIME.

MAYOR GARCIA: IT'S 1, 2, 3, 4, FOUR, TO ZERO, 4-1-2. 4-1-2, 4 YES, ONE ABSENT, TWO ABSTENTIONS. ITEM NO. 3, CONDUCT A PUBLIC HEARING FOR THE PURPOSE OF RECEIVING PUBLIC INPUT ON THE ISSUANCE OF UP TO $11 MILLION OF 505C3 MULTI FAMILY NON-RECOURSE BONDS TO FINANCE THE ACQUISITION AND REHABILITATION OF THE MEADOWWOOD APARTMENTS TO BE OWNED AND OPERATEDDED BY A SINGLE PURPOSE NON-PROFIT CORPORATION AFFILIATED WITH THE SAN ANTONIO ALTERNATIVE HOUSING CORPORATION. LET ME SEE IF WE HAVE ANYBODY SIGNED UP ON THAT ONE. ANYBODY SIGNED UP -- IS ANYBODY HERE FOR THE PURPOSE OF TESTIFYING ON ITEM NO. 3? ON THIS AGENDA? ANYBODY HERE TESTIFY ON THE PUBLIC HEARING FOR THE $11 MILLION 501C3 MULTI-FAMILY NON-RECOURSE BONDS. IF NOT, I WILL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING. MOTION BY BOARD MEMBER SLUSHER, SECONDED BY BOARD MEMBER GRIFFITH. ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.

AYE.

OPPOSED NO. MOTION CARRIES ON A VOTE OF 7 TO 0. I'M SORRY, 5 -- 6 TO 0 WITH BOARD MEMBER WYNN TEMPORARILY OUT OF THE ROOM. ITEM NO. 4 IS APPROVE A REIMBURSEMENT RESOLUTION ON THE ISSUANCE OF UP TO $11 MILLION IN 501-C-3 MULTI-FAMILY NON-RECOURSE BONDS TO FINANCE THE ACQUISITION AND REHABILITATION OF THE MEADOWWOOD APARTMENTS TO BE OWNED AND OPERATED BY A SINGLE PURPOSE NON-PROFIT CORPORATION AFFILIATED WITH SAN ANTONIO ALTERNATIVE HOUSING CORPORATION. CAN YOU GIVE US A LITTLE BRIEFING ON THIS, MR. HILGERS.

YES, SIR, I WOULD BE GLAD TO. AT BIT OF BACKGROUND INFORMATION. THE MEADOWWOOD APARTMENTS CONSISTS OF 200 UNITS. 31 ARE ONE BEDROOM AND ONE BATH UNITS AND 168 ARE TWO BEDROOM TWO BATH UNITS. THE RENTS WILL RANGE FROM $619 TO $749 PER MONTH. 40% OF THE UNITS WILL BE RESERVED FOR FAMILIES MAKING LESS THAN 60% OF MEDIAN FAMILY INCOME. THAT'S 38,800 FOR A FAMILY OF FOUR. AND RENTED AT RATES THAT DO NOT EXCEED 30% OF THE OCCUPANT'S GROSS MONTHLY INCOME. 50% OF THE UNITS ARE RESERVED FOR FAMILIES WITH INCOME BELOW 80%, WHICH IS 51,750 FOR A FAMILY OF FOUR AND 10% OF THE UNITS WILL BE MARKET RATE OR UNRESTRICTED WITH REGARD TO RENTS. EXCUSE ME. THE BONDS TO BE ISSUED ARE 501C3 MULTI-FAMILY NON-RECOURSE BONDS GUARANTEED BY FHA, RATED TRIPLE A AND REPAID ONLY FROM RENTS GENERATED BY THE APARTMENT COMPLEX AND WHICH THE FULL FAITH AND CREDIT OF THE CITY OR AUSTIN HOUSING FINANCE CORPORATION HAS NOT PLEDGED. THE BONDS ARE REPAYABLE ONLY FROM THE RENTS COLLECTED. AHFC HAS FINANCED TWO OTHER TRANSACTIONS SPONSORED BY THE SAN ANTONIO ALTERNATIVE HOUSING CORPORATION PREVIOUSLY. THEY INCLUDE THE ISSUANCE OF 8.65 MILLION IN BONDS ISSUED IN OCTOBER OF 1998 TO FINANCE THE ACQUISITION AND REHABILITATION OF 294 UNIT RUTLAND PLACE APARTMENTS AT 1647 RUTLAND DRIVE ADD THE ISSUANCE OF 9.66 MILLION IN BONDS ISSUED IN NOVEMBER OF 1999 TO FINANCE THE ACQUISITION OF THE 222 UNIT PRINCETON/STONY CREEK PROJECT INVOLVING THE PRINCETON APARTMENTS AT 4411 AIRPORT BOULEVARD AND THE STONY CREEK APARTMENTS LOCATED AT 4911 MANCHACA. TO LET YOU KNOW THAT THEY HAVE DONE BUSINESS WITH THIS ORGANIZATION IN THE PAST. THE DECEMBER DATE FOR THAT -- WELL, THAT'S -- THAT'S NOT NECESSARILY -- NECESSARY FOR ME TO GIVE YOU THAT. THAT'S THE BASELINE INFORMATION ABOUT THIS PARTICULAR PROPERTY.

MAYOR GARCIA: IS THIS A TAX CREDIT PROJECT.

IT'S A BOND FINANCING PROJECT, SO THEY ARE JUST USING NOT TAX CREDITS, BUT JUST USING THE ISSUANCE AUTHORITY OF THE FINANCE CORPORATION.

MAYOR GARCIA: AND HOW MANY UNITS TOTAL DO WE HAVE IN THIS ONE?

200. IN THIS PARTICULAR UNIT.

MAYOR GARCIA: THAT'S ABOUT 55,000 PER UNIT? TO ACQUIRE AND TO RENOVATE? GIVE OR TAKE.

YES, SIR.

AYOR GARCIA: IS THAT MORE OR LESS WHAT WE HAVE PAID IN OTHER RENOVATION PROJECTS LIKE THIS ONE?

IT'S IN THE BALLPARK, I GUESS. I'M NOT SURE THAT I KNOW EXACTLY AN ANALYSIS OF THAT, BUT WE THINK THAT THAT'S A REASONABLE AMOUNT.

ARE THERE ANY CORPORATIONS LOCALLY THAT DO THIS?

WELL, ONE. THINGS THAT -- ACTUALLY, WE DO OF COURSE DO BOND FINANCING WITH LOCAL CORPORATIONS, PARTICULARLY FOUNDATIONS COMMUNITIES IS ONE. WE ARE ALSO LOOKING OF COURSE AT THE COMMUNITY ADVOCATES OR THE CAPITAL AREA HOMELESS ALLIANCE, LOOKING AT DOING SOME BUSINESS WITH THEM AS WELL. BUT TYPICALLY THEY ARE NOT ACQUISITION REHABS. SAN ANTONIO ALTERNATIVE HOUSING CORPORATION IS ONE OF THOSE ENTITIES THAT HAS DONE A LOT MORE OR THE MAJORITY OF OUR ACQUISITION REHAB PROPERTIES. THERE HAVE BEEN ANOTHER COUPLE OF CORPORATIONS THAT HAVE DONE THAT. BUT THEY ARE NOT --

THE ONE THAT I WAS THINKING ABOUT, CENTRAL TEXAS MUTUAL HOUSING.

THAT'S NOW FOUNDATION COMMUNITIES. THEY CHANGED THEIR NAME. THEY TYPICALLY, AT LEAST OUR EXPERIENCE WITH THEM MOST RECENTLY IS IN BUILDING NEW PROJECTS.

MAYOR GARCIA: GREENVILLE LARGE OVER THERE --

BUT --

THAT'S CORRECT. WE DID ISSUE A BOND FOR THEM, THAT WAS AN ACQUISITION REHAB YOU ARE ABSOLUTELY COLLECT. VILLAGE GREEN IS THE NAME.

MAYOR GARCIA: VILLAGE GREEN, YES. THEY WERE NOT INTERESTED IN THIS ONE? HOW DO PEOPLE GO ABOUT -- ABOUT GETTING INTO THESE KIND OF PROJECTS.

MARTIN, DO YOU WANT TO TALK ABOUT HOW WE GOT INVOLVED WITH THIS GROUP?

WE DO HAVE THE APPLICANT HERE IF YOU WOULD LIKE TO HEAR FROM THEM. TYPICALLY --

MAYOR GARCIA: WOULD YOU IDENTIFY YOURSELF SO THE HUNDREDS OF PEOPLE THAT ARE WATCHING US KNOW WHO YOU ARE.

I AM MARTIN GONZALEZ, I MANAGE THE BOND PROGRAMS FOR THE AUSTIN HOUSING FINANCE CORPORATION. TYPICALLY THE PEOPLE, THE NON-PROFITS THAT COME TO US IS BECAUSE THEY HAVE BEEN OUT LOOKING EITHER THROUGH A REALTOR OR THROUGH THEIR UNDERWRITER FOR A PROPERTY THAT'S SUITABLE FOR THEIR NEEDS. THEY HAVE THE -- THE STAFF OR THEY HAVE THE CONSULTANTS TO -- TO GO THROUGH THE PROPERTY, IDENTIFY THE NEEDED REPAIRS, NEEDED UPGRADES AND THEY HAVE -- THEY HAVE THE FINANCIAL CAPABILITIES TO PUT THE TRANSACTION TOGETHER. APPLYED TO A -- TO AN AGENCY TO PROCESS THEIR APPLICATIONS AT FHA IN ORDER TO GET IT FHA ENHANCED, ALL OF THAT THAT GOES WITH IT. IT'S NOT A SITUATION WHERE WE CAN TAKE A PROPERTY AND ASK A LOCAL NON-PROFIT TO GO DO IT. IT'S USUALLY THE OTHER WAY AROUND. THE PROPERTY COMES TO THE NON-PROFIT, THE NON-PROFIT COMES TO US FOR --

HOW DO WE PRIORITIZE? DO WE TRY TO RUN AS MANY AS POSSIBLE?

I'M SORRY.

HOW DO WE PRIORITIZE WHO WE -- WHO WE TAKE IN AS A CUSTOMER FOR THIS KIND OF PROJECT. IT'S NOT -- IT'S NOT A PRIORITY AS IT IS A -- A MEETING OUR PUBLIC PURPOSE. WHAT WE DO IS WE HAVE A SET OF BOND RULES OF THE AUSTIN HOUSING FINANCE CORPORATION IN WHICH WE WILL NOT FINANCE A PROJECT UNLESS IT MEETS A PUBLIC PURPOSE. AND IF -- IF AN ENTITY BRINGS US A PROJECT THAT MEETS THE PUBLIC PURPOSE, THEN WE ANALYZE IT, WE TURN IT OVER TO THE FINANCIAL ADVISOR, THEY LOOK AT THE FINANCIAL FEASIBILITY, WE TURN IT OVER TO THE BOND COUNCIL, THEY DRAW UP THE PAPERS, WE BRING IT TO YOU FOR YOUR APPROVAL.

MAYOR GARCIA: THIS IS THE THIRD ONE THAT THIS ENTITY DID -- ENTITY DOES?

YES, HERE IN TOWN.

MAYOR GARCIA: AND WHAT'S THE OCCUPANCY RATE.

CURRENTLY 92%.

MAYOR GARCIA: 92%. IS IT MOSTLY PEOPLE CLOSE TO THE 80%, MFI, OR IS IT --

YES.

MAYOR GARCIA: OKAY. SO WE DON'T GO MUCH BELOW THAT?

OH, YES, WE GO ALL THE WAY DOWN -- AGAIN, LIKE WE SAID, 40% WILL BE LIMITED TO PEOPLE THAT MAKE LESS THAN 60% OF THE MEDIAN, BUT THOSE PEOPLE COULD MAKE EVEN LESS, THEY COULD EVEN HAVE A SECTION 8 CERTIFICATE IN WHICH CASE THEY MAKE NO INCOME, BUT THEY HAVE A CERTIFICATE TO LIVE THERE.

MAYOR GARCIA: THEY TAKE SECTION 8.

YES, SIR. MR. ROD [INAUDIBLE], EXECUTIVE DIRECTOR.

I'M ROD [INAUDIBLE], THE EXECUTIVE DIRECTOR OF SAN ANTONIO ALTERNATIVE HOUSING, ALSO [INAUDIBLE], WHO IS THE PRESIDENT OF ARBOR MANAGEMENT CORPORATION THAT OVERSEAS ALL OF OUR PROPERTIES HERE. IN THIS CASE WE ARE VERY FORTUNATE HE HAS BEEN THE ONSITE MRG FOR THE LAST TWO YEARS, WHICH MAKES OUR JOB A LOT EASIER BECAUSE WE ARE ABLE TO GET A REAL CLEAR FROM OPERATIONAL STAND POINT HOW THE PROPERTY IS BEING MANAGED. I MIGHT POINT OUT ON THIS PROPERTY, THIS PROPERTY WAS ACTUALLY AN RTC PROPERTY ORIGINALLY, HAD SOME RESTRICTIONS ON IT ALREADY IN REGARDS TO OCCUPANCY. IT CURRENTLY HAS 40 OF THE 200 UNITS OR 20% ARE SET ASIDE FOR FAMILIES WITH INCOMES AT OR BELOW 50%. THAT WILL REMAIN IN PLACE WHEN WE -- WHEN WE ACQUIRE THE PROPERTY.

MAYOR GARCIA: OKAY. THAT'S ALL OF THE QUESTIONS THAT I HAVE, BOARD MEMBERS. DO WE HAVE ANY OTHER QUESTIONS?

ONE MORE POINT. THAT IS THAT WE ARE -- WE DO TAKE THESE ESSENTIALLY AS THEY COME AND MAKE SURE THEY MEET OUR PURPOSES. OUR RESTRICTIONS IN SOME CASES ARE -- ARE A LITTLE BIT MORE ONEROUS THAN OTHER COUNTERPARTS OVER AT THE COUNTY. WHICH TRAVIS COUNTY HOUSING FINANCE CORPORATION WHO HAS THE ABILITY TO ISSUE THESE BONDS AS WELL. BUT WE ARE -- WE DO MAKE SURE, FROM DIRECTIONS FROM THIS AND PREVIOUS -- PREVIOUS COUNCILS AND BOARDS TO MAKE SURE THAT WE DO SCRUTINIZE WHO WE DO BUSINESS WITH. SO WE DO HAVE SOME PRIORITIZATION, WE DON'T JUST TAKE ALL-COMERS, SO TO SPEAK. I WANT TO MAKE SURE THAT YOU ARE CLEAR ABOUT THAT AS WELL.

MAYOR GARCIA: THANK YOU VERY MUCH.

EXCUSE ME, HE WANTED TO MENTION ONE OTHER THING.

I WILL KEEP THIS BRIEF, I KNOW THAT YOU ARE VERY BUSY. ONE OF THE THINGS THAT WE FELT VERY STRONG ABOUT WHEN WE FIRST CAME UP AND DID OUR FIRST TRANSACT, TWO AND A HALF YEARS AGO, WAS THE STIPULATION THAT THE CITY PUT IN PLACE WAS THAT WITH EXCESS REVENUE THERE WOULD BE A PERCENTAGE OF THAT THAT WOULD GO BACK INTO HOUSING AFFORDABLE PRODUCTS HERE IN THE CITY. WE FELT THAT WAS A VERY GOOD SITUATION. AT FIRST WE PROBABLY WEREN'T REAL HAPPY WITH IT, BUT ACTUALLY IT HAS TURNED OUT WONDERFUL. WE HAVE BEEN ABLE TO TAKE EXCESS FUNDS FROM THE PROPERTIES. I WILL GIVE YOU AN EXAMPLE ON RUTLAND, PUT IN A COMMUNITY LEARNING CENTER, EXERCISE FACILITIES, AMENITIES ORDINARILY THESE PROPERTIES WOULD NOT HAVE. WE ARE ABLE TO DO THAT BECAUSE OF THIS RELATIONSHIP AND WE FEEL VERY POSITIVE ABOUT THAT.

MAYOR GARCIA: THAT'S GOOD. I WILL ENTERTAIN A MOTION TO APPROVE THIS ITEM.

SO MOVE.

MAYOR GARCIA: MOTION BY BOARD MEMBER GRIFFITH, IS THERE A SECOND? SECONDED BY BOARD MEMBER WYNN WYNN. DISCUSSION? ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE, MOTION CARRIES ON A VOTE OF 7 TO 0.

THANK YOU VERY MUCH.

I WILL ENTERTAIN A MOTION TO ADJOURN THE MEETING OF THE BOARD OF DIRECTORS.

SO MOVE.

MAYOR GARCIA: MOTION BY BOARD MEMBER GRIFFITH, SECONDED BY BOARD MEMBER WYNN. SIGNIFY BY SAYING AYE, OPPOSED NO. MOTION CARRIES ON A VOTE OF 7 TO 0. THAT'S IT. WE ARE THROUGH.

15 WHOLE MINUTES.

MAYOR GARCIA: 15 WHOLE MINUTES. THE NEXT TIME CERTAIN IS AT 4:00. SO -- ZONING ITEMS WILL BE COMING UP IN 15 MINUTES, SO WE ARE RECESSED FOR ANOTHER 15 MINUTES. SHRUS YOR GARCIA: I'M CALLING THE MEETING OF THE AUSTIN CITY COUNCIL BACK TO ORDER. WE ARE AT THE 4:00 P.M. ZONING HEARING AND RESTRICTIVE COVENANT'S.

GOOD AFTERNOON, MAYOR GUS GARCIA. I'M ALICE GLASGO TO PRESENT ZONING CASES FOR TODAY.

MAYOR GARCIA: IF WE COULD -- RICHARD, WE HAVE CALLED THE MEETING BACK TO ORDER.

ITEM NO. Z-1, CASE NUMBER C14H-01-008, THE APPLICANT IS SEEKING A CHANGE FROM SINGLE FAMILY 3 TO SINGLE FAMILY 3 HISTORIC. THAT DESIGNATION HAS BEEN RECOMMENDED BY BOTH THE HISTORIC LANDMARK COMMISSION AND THE ZONING AND PLATTING COMMISSION READY FOR ALL THREE READINGS. ITEM NO. Z-2, 1901 WEST 35TH STREET. THE CHANGE HERE ALLOWS FOR A DESIGNATION OF HISTORIC ZONING TO THE SINGLE FAMILY 3 BASED ZONING DISTRICT. THIS CASE IS READY FOR ALL THREE READINGS. ITEM NO. Z-3, C14H-01-12 LOCATED AT 811 CONGRESS AVENUE. THE CHANGE IN ZONING IS FROM CENTRAL BUSINESS DISTRICT, CBD, TO CBDH. THAT CHANGE IS RECOMMENDED APPEARED IS READY FOR ALL THREE READINGS. ITEM NO. Z-4, CASE C14H-01-014, LOCATED AT 3215 FAIR FACT, THE CHANGE IN ZONING IS FROM SINGLE FAMILY 3 TO SINGLE FAMILY 3 WITH A HISTORIC OVERLAY. THE RECOMMENDATION TO YOU IS TO ADD THE DESIGNATION OF HISTORIC ZONING AND THE CASE IS READY FOR ALL THREE READINGS. Z5, C14R, RCA, A REQUEST TO AMEND A RESTRICTIVE COVENANT WHICH HAS LANGUAGE THAT IS IN CONFLICT WITH TODAY'S HILL COUNTRY ROADWAY REGULATIONS. THE -- THE APPLICANTS IS REQUESTING THAT THOSE COVENANTS BE AMENDED AND STAFF -- AND ZONING AND PLATTING COMMISSION RECOMMEND THOSE CHANGES AND THIS TERMINATION DOES NOT REQUIRE AN ORDINANCE, SO IT'S JUST READY FOR APPROVAL. Z-6 A DISCUSSION ITEM. Z-7, C14-01-37.001, A REMNANT OF THE NORTH AUSTIN CIVIC AREA NEIGHBORHOOD PLAN WHERE A PIECE OF PROPERTY WAS FULLED -- PULLED OUT FOR FURTHER ASSESSMENT. WE HAVE ASSESSED AS REQUESTED BY COUNCIL, HAVE COME BACK AND DETERMINED THAT THE PROPERTY IS APPROPRIATELY DESIGNATED FOR CS ZONING AS RECOMMENDED BY THE PLANNING COMMISSION AND THE CASE IS READY FOR ALL THREE READINGS. ITEM NO. Z-8, C8-14-01-38, A PLANNED UNIT DEVELOPMENT AS THE 1200 BLOCK OF PARMER LANE. THE APPLICANT IS SEEKING A CHANGE TO ALLOW FOR SINGLE FAMILY TOWNHOUSE RESIDENTIAL. THERE WILL BE A DEVELOPMENT TO ALLOW FOR RESIDENTIAL AND OTHER MIXED USE DEVELOPMENTS. THE PLANNING COMMISSION HAS RECOMMENDED THE CHANGE OR RATHER THE ZONING AND PLATTING COMMISSION TO THE P.U.D. DESIGNATION. THE -- THE APPLICANT IS REQUESTING THAT WE CLARIFY ONE ITEM, WHICH IS A RESTRICTION THAT -- RELATED TO THE 100 FOOT SETBACK. THAT THIS SETBACK WOULD ALLOW A PARKING AND CAR PORTS. THE STAFF IS ACCEPTABLE TO THAT CHANGE AS A CLARIFICATION. THIS CASE IS READY FOR FIRST READING ONLY. ITEM NO. Z-9, C14-01-101, THIS CASE IS LOCATED AT 814 AIRPORT BOULEVARD. THE CHANGE IN ZONING IS FROM SINGLE FAMILY 3 TO GR, WHICH STANDS FOR COMMUNITY COMMERCIAL. THE ZONING AND PLATTING COMMISSION RECOMMENDS THE CHANGE TO LO, LIMITED OFFICE WITH A CONDITIONAL OVERLAY. THE APPLICANT ACCEPTS THAT RECOMMENDATION AND THE CASE IS READY FOR ALL THREE READINGS. ITEM NO. Z-10, C14-01-106 LOCATED AT 800 WEST SLAUGHTER LANE. THE CHANGE IS FROM DR DEVELOPMENT RESERVE TO MULTI-FAMILY 2. THE PLANNING COMMISSION RECOMMENDS THAT CHANGE IN ZONING AND THE CASE IS READY FOR FIRST READING WITH A CONDITIONAL OVERLAY. ITEM NO. Z11, GOING TO BE A DISCUSSION ITEM. ITEM NO. Z12, CONSENT ON FIRST READING, CITY COUNCIL 127 -- C14-01-127 LOCATED AT --

MAYOR GARCIA: MS. GLASGO, ON Z-11, I DON'T HAVE ANYBODY SIGNED UP.

GLASGO: THIS IS A CASE THAT WAS DENIED, THE PLANNING COMMISSION, SO IT REQUIRES DISCUSSION.

MAYOR GARCIA: OKAY, THANK YOU.

GLASGO: YOU'RE WELCOME. Z-12, C14-01-127, THE APPLICANT IS SEEKING A CHANGE TO LRCO, THE PLANNING COMMISSION OR THE ZONING AND PLATTING COMMISSION, I APOLOGIZE, I KEEP SAYING ZONING COMMISSION, RECOMMENDS THE CHANGE IN ZONING TO LR-CO, READY FOR FIRST READING ONLY. ITEM NO. Z-13 C14-01-129 LOCATED AT 8705 OLD BEE CAVES ROAD, THE CHANGE IN ZONING IS FROM LR, NEIGHBORHOOD COMMERCIAL DISTRICT, TO W/LO, WAREHOUSE LIMITED OFFICE. THE ZONING AND PLATTING COMMISSION RECOMMENDS THE CHANGE IN ZONING, THE CASE IS READY FOR ALL THREE READINGS. ITEM NO. Z-14, C14-01-135 LOCATED AT 1211 WEST MARY STREET, THE CHANGE IN ZONING IS FROM CS, WHICH STANDS FOR GENERAL COMMERCIAL SERVICES, AND SINGLE FAMILY 3 TO SINGLE FAMILY 6, WHICH ALLOWS TOWNHOMES AND CONDOMINIUMS. THE CASE IS READY FOR FIRST READING AS RECOMMENDED BY THE ZONING AND PLATTING COMMISSION. ITEM NO. Z15 C14-01-131 LOCATED AT 500 WEST MARTIN LUTHER KING, JR. BOULEVARD, THE CHANGE IN ZONING IS FROM CS, GENERAL COMMERCIAL SERVICES, TO CS WITH A MIXED USE COMBINING DISTRICT. THE -- THE -- AND ALSO MULTI-FAMILY 6 FOR PART OF THE BUILDING. THE ZONING AND PLATTING COMMISSION RECOMMENDS THIS CHANGE IN ZONING AND THE CASE IS READY FOR FIRST READING ONLY. ITEM NO. Z-16 IS ON YOUR AGENDA INADVERTENTLY. WE HAVE PULLED THAT OFF THE AGENDA THAT DOES NOT REQUIRE ACTION FROM YOU. IT'S SCHEDULED ON THE 13TH AGENDA.

MAYOR GARCIA: IS THAT 16? I'M SORRY, MAYOR, ON Z-15, I'M TOLD THAT SHOULD BE POSTPONED TO DECEMBER THE 13TH.

MAYOR GARCIA: 15 POSTPONED TO DECEMBER THE 13TH.

GLASGO: DECEMBER 13TH. THEN 16 SHOULD NOT BE ON YOUR AGENDA.

MAYOR GARCIA: 16 JUST PULLED OFF THE AGENDA.

GLASGO: JUST PULLED OFF. WE GOT A LITTLE CARRIED AWAY ON PLACING -- ON WHAT'S SUPPOSED TO BE ON. IT SHOULD BE ON THE 13TH AGENDA, TOO. NOT TODAY. ITEM NO. 66 IS THE ROSEWOOD PLAN, 67, THOSE WILL BE -- REQUIRE JUST BRIEF DISCUSSION AS PART OF THE -- PART OF THE DISCUSSION ITEMS. MAYOR, THAT CONCLUDES ALL OF THE CONSENT ITEMS TODAY.

MAYOR GARCIA: 66 AND 67 ARE PART OF THE CONSENT AGENDA -- I MEAN THEY ARE PART OF THE ZONING?

GLASGO: PART OF THE ZONING, YES.

MAYOR GARCIA: BUT DISCUSSION ITEMS.

GLASGO: BRIEF DISCUSSION.

MAYOR GARCIA: COUNCIL, TO RECAP, Z-1 IS CONSENT FOR 3, TWO IS CONSENT FOR 3, 3 IS CONSENT FOR 3, SO IS 4, 5 IS CONSENT FOR FIRST READING ONLY.

JUST A RESTRICTIVE COVENANT, MAYOR, IT DOES NOT REQUIRE ACTION.

MAYOR GARCIA: THAT'S RIGHT, JUST A CONSENT ITEM. 6 IS A DISCUSSION ITEM. 7 IS CONSENT FOR ALL THREE READINGS. 8 IS CONSENT FOR THE FIRST READING. NINE IS CONSENT FOR ALL THREE. 10 IS CONSENT FOR THE FIRST ONE, 11 A DISCUSSION ITEM, 12 IS CONSENT FOR THE FIRST READING. 13 IS CONSENT FOR ALL THREE READINGS. 14 IS CONSENT FOR FIRST READING. AND 15 AND 16 ARE POSTPONED UNTIL THE 13TH. I WILL ENTERTAIN A MOTION ON THE CONSENT AGENDA. [INAUDIBLE]

MAYOR GARCIA: MOTION BY THE MAYOR PRO TEM, SECONDED BY COUNCILMEMBER GRIFFITH. DISCUSSION?

WYNN: MAYOR?

MAYOR GARCIA: COUNCILMEMBER WYNN?

WYNN: JUST BRIEFLY ON ITEM NO. Z-3, I WANTED TO SAY THIS IS THE HISTORIC RESERVATION OF THE OLD ALLEN-VON BOECKMANN BUILDING AT 811 CONGRESS, BUTTS UP AGAINST CONGRESS AVENUE ON THE EAST SIDE OF THE STREET. I JUST WANT TO SAY FOR YEARS THERE'S -- THERE'S LEGITIMATE DEBATE ABOUT WHAT HAS -- MOST ATTRACTIVE FACADE ON CONGRESS AVENUE, I'M NOT SURE WHAT THAT WOULD BE. THAT WAS 811 CONGRESS AVENUE. FOR 50 YEARS THE FACADE HAS BEEN COVERED UP ABOUT THE PATTERN -- PATTERN FIRE BRICK AND RECENTLY THE OWNERS OF -- APPLICANTS HERE HAVE -- HAVE REMOVED THAT FALSE FACADE AND REVEALED THE OLD VICTORIAN GERMAN MASON BUILDING. IT'S A -- IT'S A GREAT OPPORTUNITY AND A -- GOING TO BE A FANTASTIC UPLIFT, FACELIFT FOR CONGRESS AVENUE. I APPLAUD THE APPLICANT FOR THAT HARD WORK AND THAT REST STOREIATION. RESTORATION.

MAYOR GARCIA: FURTHER DISCUSSION? ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.

AYE. OPPOSED NO. MOTION CARRIES. NOW WE ARE AT Z-6.

GRIFFITH: YES. Z-6 IS CASE C14H002268, THE MOOREHOUSE, LOCATED AT 23 ON 3 RIO GRANDE -- 2303 RIO GRANDE. CHANGE FROM MULTI-FAMILY 4 TO GENERAL OFFICE WITH A MIXED USE COMPONENT AND HISTORIC DESIGNATION FOR ONE TRACT AND GENERAL OFFICE WITH A MIXED USE AND A CONDITIONAL OVERLAY FOR ANOTHER TRACT. THE ZONING AND PLATTING COMMISSION RECOMMENDS GO-MU, HISTORY CONDITIONAL OVERLAY FOR TRACT 1. AND GENERAL OFFICE MIXED USE COMBINING DISTRICT FOR TRACT 2. I WILL GIVE YOU A BRIEF HISTORY HERE. ON APRIL 10TH, 2001, THE PLANNING COMMISSION RECOMMENDED GENERAL OFFICE MIXED USE, PROHIBITING OFF-SITE ACCESS SORRY PARKING FOR THE PROPERTY. THIS CASE ALSO HAD TO GO THROUGH -- THROUGH THE HISTORIC LANDMARK COMMISSION. SINCE THEN THE CASE HAS COME BACK AND MEANWHILE THE -- SUBDIVISION PLAT HAS BEEN SUBMITTED WHICH IS CALLED AN AMENDING PLAT WHERE SOME LOTS HAVE BEEN ADJUSTED. AS A RESULT WE HAVE TWO TRACTS. ONE TRACT WILL HOUSE A HISTORIC STRICTTURE, WHICH HAS TO BE MOVED TO THE SITE. AND THE TRACT DOES NOT HAVE HISTORIC STRUCTURE GOING TO IT, THAT IS TRACT 2. WHICH IS TO BE ZONED GO-MU-CO. THERE HAS BEEN A VALID PETITION SUBMITTED AGAINST THE CHANGE IN ZONING AND THE CONCERN HAS BEEN THE CONCERN THAT THERE MIGHT BE ACCESSORY AND YOU HAVE SITE PARKING CONSTRUCTED ON THE SITE WHERE THE STRUCTURE IS NOT GOING TO BE LOCATED. THAT'S ON TRACT 2. THE PLANNING COMMISSION -- THE ZONING AND PLATTING COMMISSION AND STAFF RECOMMEND THE ZONING CHANGE. THE ZONING AND PLATTING COMMISSION HAS A RECOMMENDATION THAT APPROVES GENERAL OFFICE MIXED USE WITH HISTORIC DESIGNATION FOR TRACT 1 WITH A CONDITIONAL OVERLAY THAT -- THAT REQUIRES THAT THE STRUCTURE BE MOVED TO THE SITE BEFORE SECOND AND THIRD READINGS AND OBTAINS A CERTIFICATE OF APPROPRIATENESS FROM THE HISTORIC LANDMARK COMMISSION BEFORE THE CASE COMES BACK FOR SECOND AND THIRD READINGS. FOR TRACT 2 THE COMMISSION DOES RECOMMEND GENERAL OFFICE MIXED USE ZONING WITH A CONDITIONAL OVERLAY. AND LIMITS THE TRIPS THERE TO 2,000 VEHICLE TRIPS PER DAY. I WILL PAUSE HERE AND LET THE APPLICANT MAKE HIS CASE AND I WILL RESPOND TO COMMENTS THEREAFTER.

MAYOR GARCIA: IF THE APPLICANT WOULD COME FORWARD AND INTRODUCE HIMSELF.

MAYOR, MEMBERS OF THE COUNCIL, I'M MIKE MCGINNIS, I REPRESENT THE APPLICANT IN THIS CASE, WITH ME TODAY ARE MICHELLE ESA AND RICHARD DAVIS, AS WELL AS MS. SHOCK. THESE THREE OTHER PARTIES WITH ME REPRESENT THOSE THAT HAD FILED A VALID PETITION AGAINST THIS ZONING CASE. AND PURSUANT TO SOME CONDITIONS WE HAVE ALL AGREED TO, I AM PLEASED TO ANNOUNCE AS WE ALL ARE THAT WE ARE NOT GOING TO WASTE YOUR TIME WITH THIS CASE, BUT ARE GOING TO MOVE FORWARD WITH THE LAST PART OF THIS TRANSACTION. INITIALLY, WE HAD -- ESSENTIALLY WHAT I THINK WE WOULD ALL AGREE WAS ESSENTIALLY A CRACK HOUSE IN THIS LOCATION. THIS TRANSACTION HAS EFFECTIVELY REMOVED THAT CRACK HOUSE AND WILL REPLACE IT WITH THE HISTORIC R.L. MOOREHOUSE. THE ONE DIFFERENCE THAT I HAD WITH MY NEIGHBORS WAS ESSENTIALLY ON A 12 FOOT STRIP AND WHETHER OR NOT THAT 12-FOOT STRIP'S ZONING WOULD MATCH THE ZONING OF THE LARGER PROPERTY IT WAS ATTACHED TO. AND AS PART OF OUR AGREEMENT, THEIR MAIN CONCERN WAS THAT THE BUILDING THAT'S EXISTING ON THAT PARCEL NOT BE DEM BLISHED -- DEMOLISHED AND THAT -- THAT THAT ESSENTIALLY NOT BE USED FOR OFFSITE ACCESSORY PARKING. SO I THINK WHAT WE ARE HERE TO ASK FOR TODAY IS THE RECOMMENDATION OF THE PLATTING AND ZONING COMMISSION ON BOTH PARCELS OF PROPERTY, WITH THE EXCEPTION THAT ON THE 12 FEET, I AM NOT REQUESTING AND AM ACTUALLY REQUESTING THE DELETION OF OFF SITE ACCESSORY PARKING. HOW WE HAVE COME TO THIS AGREEMENT IS WE HAVE AGREED THAT ON THE PROPERTIES FROM 2301, 2303, 2305, 2307 AND 2309 RIO GRANDE, THAT WE ARE IN AGREEMENT ON THE FOLLOWING ITEMS AND WILL IMPOSE A RESTRICTIVE COVENANT FOR THE BENEFIT OF THE CITY OF AUSTIN AND THE UNIVERSITY AREA PARTNERS NEIGHBORHOOD ASSOCIATION AND EACH OTHER AND THAT IS THAT NONE OF US WILL ALLOW OFFSITE ACCESSORY PARKING ON OUR PROPERTIES, NONE OF US WILL SEEK TO -- WE WILL NOT ALLOW OFFSITE PARKING OF ANY NATURE REQUIRED OR ACCESSORY ON OUR PROPERTIES, NOR WILL WE SEEK AND THE USERS ON OUR PROPERTIES, 2301 THROUGH 2309 RIO GRANDE SEEK OFFSITE PARKING ON OTHER PARCELS, NOR WILL ANY OF US SEEK A PARKING VARIANCE ON ANY OF THOSE PROPERTIES. THAT WILL ESSENTIALLY HELP US STOP FROM BUILDING THE THIRD STORY UP ON ANY OF THE TWO STORY STRUCTURES AND THROWING TOO MANY CARCINOGEN ON THE STREET. THERE'S ONE EXCEPTION -- TOO MANY CARS AGAIN ON THE STREET. ONE EXCEPTION IS IN REGARD TO -- IN ORDER TO SUPPORT THE HISTORIC MOOREHOUSE TRANSACTION, IT WILL NEED A PARKING VARIANCE. WE ARE ALL IN AGREEMENT WITH THAT ALSO. AND SO FOR THE BENEFIT OF MRS. SHOCK AND THE -- AND THE RL MOORE FOUNDATION, THE ADVANCEMENT FOR EDUCATION FOUNDATION, WHICH IS GOING TO BE OCCUPYING THE NON-PROFIT RL MOOREHOUSE AT 2303 RIO GRANDE, WE ARE CONSENTING TO ANY VARIANCES FOR PARKING THAT THEY MAY NEED AS WELL AS IF THEY WISH TO SHARE, MRS. SHOCK OR THE R.L. MOORE PEACE PROPERTY ZONED H, IF THEY WISH TO SHARE PROPERTY, ALL OF THE NEIGHBORS AGREE THAT'S FINE. BUT WE ARE NOT TO BECOME THE SORT OF PANORAMA THAT WE AND YOU WILL SEE HALF A BLOCK TO THE EAST OF US, THAT'S A PANCAKE FLAT PARKING LOT. I THINK THIS REPRESENTS THE NEIGHBORHOOD WORKING TOGETHER AND DOING SOMETHING THAT I THINK BENEFITS ALL OF US AS NOT ONLY PROPERTY OWNERS, BUT AS CITIZENS OF AUSTIN. ARE YOU THIS -- ARE YOU IN AGREEMENT WITH THAT?

YES, I AM.

AND MRS. SHOCK, ALSO.

[INAUDIBLE - NO MIC]

MAYOR GARCIA: COULD YOU COME TO THE MIC, PLEASE, MA'AM.

I'M MRS. SHOCK, I LIVE AT 2212 NUECES. I'M CONCERNED THAT THE HOUSE THAT IS PRESENTLY AT 2305 -- 5?

FIVE.

WILL NOT BE DESTROYED TO PUT ANY PARKING LOT AND I THINK THEY HAVE JUST TOLD ME THAT IT WOULD NOT BE, SO -- SO I WITHDRAW MY -- MY OBJECTION. I DID WANT IT TO HAVE A RESIDENCE ON IT.

MAYOR GARCIA: THANK YOU, MRS. SHOCK. MR. MCGINNIS, THERE'S SEVERAL PEOPLE THAT HAVE SIGNED UP TO SPEAK, THEY ALL HAVE DECIDED JUST TO I GUESS GIVE THEIR TIME TO YOU.

I AM ADVISED BY THOSE THAT KNOW THESE MATTERS BETTER THAN I, MAYOR, THAT I SHOULD ANNOUNCE THAT THIS IS A PRIVATE COVENANT, NOT ONE REGARDING THE CITY. AND IF THE CITY WOULD BE AN APPROPRIATE BENEFICIARY, WE WILL TAKE THAT UP WITH THE COUNCIL AIDES AND TRY TO WORK OUR WAY THROUGH THAT SUCH THAT IF THE CITY WISHES TO BE A PARTY TO THE COVENANT, WE WOULD CERTAINLY AGREE TO MAKING THEM THE BENEFICIARY. BECAUSE OF THE TIME CONSTRAINTS THAT THE -- THAT EDUCATION ADVANCEMENT FOUNDATION, THE FOLKS THAT ARE GOING TO BE -- AGAIN THE RL MOOREHOUSE HAVE, I THINK THEY WOULD LIKE TO AT LEAST BE ABLE TO EXPRESS SOME OF THE THINGS THAT YOU CAN DO TO HELP THEM TIMELY GET THE RL MOOREHOUSE ON TO THE 2303 PROPERTY.

YOU ARE NOT SIGNED UP TO SPEAK, MIKE. DO YOU WANT TO GO OUTSIDE, GET ME A CARD. I DON'T HAVE IT HERE. I WILL WAIT UNTIL YOU GET ONE. BUT WE HAVE MR. BILL ROLAND, IS HE HERE?

[INAUDIBLE - NO MIC]

MAYOR GARCIA: DONATED TO MIKE. AND THEN YOU HAVE MIKE. WAIT A SECOND. I HAVE MIGHT McHONE. MIKE. MIKE McHONE. YOU ARE ON. I'M SORRY. I COULDN'T READ YOUR WRITING. [ LAUGHTER ]. THEN MR. FEINBRACH, IS HE HERE? MIKE, YOU ARE NEXT. YOU ARE UP.

I'M MIKE McHONE WITH THE UNIVERSITY AREA PARTNERS. I'M GLAD TO SEE THAT AT THE 11TH HOUR THE NEIGHBORS HAVE COME TOGETHER AND REACHED AN AGREEMENT AND I THINK IT'S A GREAT OPPORTUNITY FOR THE CITY TO BE A WIN-WIN. ONLY ONE TO -- ONLY WANT TO REMIND THE CITY COUNCIL AND YOU, MR. MAYOR, THAT AS PART OF THE BETTERMENT OF THE NEIGHBORHOOD IN THAT WE ARE ONE OF THE CONDITIONS APPROVED IN AUGUST FOR THE CONSTRUCTION OF THE MULTI-FAMILY PROJECT AT 904 THROUGH 912 WEST 23RD INCLUDED THE CONDITION THAT WAS IMPOSED BY UNIVERSITY AREA PARTNERS THAT THE RL MOORE HOUSE BE RELOCATED IN THE NEIGHBORHOOD. WE WANT TO THANK MR. MCGINNIS FOR STEPPING FORWARD AND AGREEING TO DO THAT AND FOR THE EDA FOUNDATION TO BE THE MOST PERFECT FIT FOR THAT USE. THANK YOU.

MAYOR GARCIA: THANK YOU VERY MUCH. MR. FEINBRACH?

[INAUDIBLE - NO MIC]

MAYOR GARCIA: TO MR. DICK DONEBAR. YOU HAVE SIX MINUTES.

YES, SIR, I WILL TRY TO TAKE LESS THAN THAT. MY NAME IS DICK DUNBAR, THE ED MANAGE FOR THE EDA. WE HAVE BEEN WORKING TOGETHER TO GET TO THAT EASY POINT FOR YOU. ONE POINT THAT I WOULD LIKE TO EMPHASIZE BEFORE YOU MAKE YOUR DECISION, THAT IS THE TIMING OF THE HOUSE. CURRENTLY THE HOUSE SITS AT 904 EAST -- EXCUSE ME, 904 WEST 23RD STREET. WE ARE MOVING APPROXIMATELY 500 YARDS TO 2303 RIO GRANDE. THE SEQUENCE OF EVENTS REQUIRE US TO AT LEAST HAVE SOME FEELING OF SECURITY THAT THE COUNCIL WILL APPROVE THE HISTORICAL ZONING OF THIS NEW SITE, 2303 RIO GRANDE FOR US TO EXERCISE OUR OPTION AND PURCHASE THE LAND ON DECEMBER THE 7TH, FRIDAY, THE HOUSE IS SCHEDULED TO BE MOVED AND PRESENTLY BEING JACKED UP BY THE MOVERS TO MOVE IT ON DECEMBER THE 10TH, MONDAY MORNING, TO APPEAR BEFORE THE COUNCIL ON DECEMBER THE 13TH, FOR FINAL READING. AND WE ARE DOING THIS BECAUSE WE WOULD LIKE TO ENSURE THAT WE ARE ABLE TO HAVE THIS SITE DECLARED HISTORICAL ZONING TO BE ABLE TO RECEIVE THE JANUARY 1 TAX EXEMPTIONS NEEDED. WE ARE A NON-PROFIT ORGANIZATION AND WE WATCH OUR PENNIES AS TIGHT AS THE CITY DOES THEIRS. SO I ASK IN YOUR DELIBERATION THAT YOU CONSIDER THE SEQUENCE OF EVENTS. MY CONCERN IS IF WE BECOME -- HAVING COUGH INNOCENTS THAT ARE CITY COVENANTS BY CITY ORDINANCES ON THE PROPERTIES AS THEY HAVE PROPOSED, THIS COULD THEN THROW US INTO A WHOLE REVIEW PROCESS, I'M STUCK THERE PAST THE LAST MEETING OF THE CITY COUNCIL WILL HAVE ON DECEMBER THE 13TH. SO I THINK TO EMPHASIZE THIS WOULD BE A PRIVATE COVENANT AND I DO NOT THINK THIS WOULD BE A PROBLEM FOR US. BUT I WOULD LIKE TO APPEAR ONCE BENEFIT BEFORE YOU, IF YOU DO -- ONCE AGAIN ON DECEMBER 13TH IF YOU DO NOT APPROVE IT ON CONSENT, ONCE THE HOUSE IS ON THE SITE WHICH IS REQUIRED BY THE HISTORICAL LANDMARK COMMISSION AND FOR ZONING PURPOSES. THANK YOU.

MAYOR GARCIA: THANK YOU. MS. GLASGO?

GLASGO: MARE, I WOULD LIKE TO JUST CLARIFY FOR THE RECORD, THE CONDITIONS AND AGREEMENTS WOULD INDEED HAVE TO BE PRIVATE BECAUSE THE NATURE OF THE -- OF THE AGREEMENTS. FIRST, THEY ARE NOT ASSOCIATED WITH THE CASE IN FRONT OF YOU. SECONDLY, SINCE THEY ARE JUST AGREEING NOT TO OPPOSE OR NOT TO SEEK FUTURE CHANGES FOR THE PROPERTIES, THAT IS BEST ADDRESSED IN PRIVATE COUGH NANLTS. SO I JUST WANT -- COVENANTS. I JUST WANTED TO ADDRESS THAT, PRIVATE COVENANTS WOULD ADDRESS THOSE. OBVIOUSLY THE BOARD OF ADJUSTMENT WOULD HAVE TO ADDRESS ANY VARIANCES THAT NEED TO BE SOUGHT REGARDING -- REGARDING PARKING AND THAT WOULD -- IF THE NEIGHBORS DON'T OPPOSE, THEN THAT'S OBVIOUSLY A DIFFERENT MATTER. BUT THE BOARD WOULD HAVE TO STILL CONSIDER AND HEAR IT ON ITS MERITS WHEN IT GOES TO THE BOARD OF ADJUSTMENT. WE CAN --

MAYOR GARCIA: SO THIS ITEM IS READY FOR --

GLASGO: FIRST READING. WE WILL BRING IT BACK ON THE 13TH FOR SECOND AND THIRD READINGS TO ACCOMMODATE THEIR SCHEDULING.

MAYOR GARCIA: ANY QUESTIONS FOR MS. GLASGO? OR FOR THE APPLICANT? MRS. SHOCK, YOU ARE FINE WITH THAT? WITH ALL THAT WE HAVE DONE? YES, OKAY. I WILL ENTERTAIN A MANAGES FOR FIRST READING ON ITEM NO. 6.

GRIFFITH: SO MOVE.

MAYOR GARCIA: MOTION BY COUNCILMEMBER GRIFFITH, SECONDED BY -- BY MAYOR PRO TEM. DISCUSSION? ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.

AYE.

OPPOSED NO? MOTION CARRIES ON A VOTE OF 7 TO 0. THANK YOU VERY MUCH, MR. MCGINNIS. MRS. SHOCK. ITEM NO. 11.

ITEM NO. 11, MAYOR, IS CASE C14-01-114 LOCATED AT 1611DUNGAN LANE, FROM LIMITED INDUSTRIAL TO CS-1 COMMERCIAL LIQUOR SALES. THE APPLICANT IS SEEKING TO CHANGE THIS -- THE CHANGE THAT HE SOUGHT HAS TO DO WITH HAVING A COCKTAIL LOUNGE. THE ZONING AND PLATTING COMMISSION DOES NOT RECOMMEND THE ZONING CHANGE AND HENCE THE APPLICANT WOULD LIKE TO EXPLAIN THE REASONS FOR HIS REQUEST. I WILL PAUSE HERE AND LET THE APPLICANT MAKE HIS PRESENTATION.

MR. BENNETT? WELCOME, SIR.

THANK YOU, MAYOR. MAYOR, COUNCIL, I'M JIM BENNETT, HERE TODAY ON BEHALF OF THIS REQUEST FOR ZONING CHANGE TO CS1. THE AREA THAT YOU CAN SEE ON THIS MAP INDICATES THAT PREDOMINANTLY THE AREA CONSISTS OF INDUSTRIAL AND COMMERCIAL TYPE OF USES. THERE IS SOME SENATERRING OF RESIDENTIAL -- SMATERING OF RESIDENTIAL, IT'S IN TRANS SIX. A LARGE TRACT THAT'S RESIDENTIAL BUT SURROUNDED AS WELL BY COMMERCIAL AND INDUSTRIAL USES. THIS AREA IS AN AREA KNOWN AS THE BROWN DUNGAN LANE STUD, THAT STUDY RECOMMENDS IT BE ZONED LI. THEY CONSIDER THIS TO BE A DONATE ZONING, -- A DOWN ZONING. PREDOMINANTLY INDUSTRIAL AND COMMERCIAL USES WITH USES SUCH AS WAREHOUSING, ELECTRICAL, PLUMBING, CONTRACTORS FACILITIES, THERE ARE NO SCHOOLS IN CLOSE PROXIMITY. AND THE PROPERTY IS CURRENTLY DEVELOPED WITH AN OFFICE WAREHOUSE, THE SIZE OF THE FACILITY, THE BUILDING HAS WE ARE TALK -- THAT WE ARE TALKING ABOUT IS ONLY 2400 SQUARE FEET. WE DON'T FEEL THAT THIS WILL BE A DETRIMENT TO ANY OF THE SURROUNDING PROPERTIES BECAUSE OF THE SMALLNESS. YOU KNOW, IT WOULD BE MORE OR LESS A TAVERN TYPE OF FACILITY. IT -- WITH 2400 SQUARE FEET CANNOT GENERATE A LOT OF TRAFFIC, A LOT OF NOISE AND IT IS SURROUNDED BY A WAREHOUSE AND OFFICE AREA ON THE REMAINING PORTION OF THE SITE. IT WILL REQUIRE AN INTERIOR REMODEL OF THE BUILDING TO CREATE THE FACILITY. AT THE PLANNING COMMISSION THERE WAS A MOTION BY THE WHICH IS TO APPROVE IT. THAT MOTION DID NOT PASS BY A VOTE OF 4 TO 5. AND WE WOULD REQUEST THAT COUNCIL CONSIDER THE COM PATIBLE USES SURROUNDING THIS SITE, THE SMALLNESS AND NATURE OF THE BUILDING AND THE TAVERN PROPOSED AND THE COMPATIBILITY WITH IT. IT WOULD APPEAR THAT THIS MIGHT BE AN APPROPRIATE PLACE TO HAVE A SMALL TAVERN. I WILL BE AVAILABLE SHOULD YOU HAVE ANY QUESTIONS.

MAYOR GARCIA: QUESTIONS FOR MR. BENNETT?

THOMAS: MAYOR.

MAYOR GARCIA: COUNCILMEMBER THOMAS?

THOMAS: THANK YOU. MR. BENNETT, YOU SAID THERE'S NOT A SCHOOL IN THE PROX -- CLOSE IN THE AREA WHERE YOU WANT TO BUILD THE TAVERN?

THAT'S CORRECT, COMMISSIONER -- COUNCILMEMBER. THE SCHOOL IS TO THE BEST OF US TOWARD I-35. AND I DON'T KNOW HOW WELL YOU CAN SEE THE -- THIS LOCATION HERE. [INAUDIBLE - NO MIC]

MAYOR GARCIA: CAN YOU GET THE MIC?

THAT'S DOBIE HIGH SCHOOL RIGHT THERE. OUR FACILITY IS LOCATED --

THEY ARE GOING TO GIVE YOU ANOTHER ONE RIGHT THERE.

THANK YOU.

THIS IS DOBIE SCHOOL SITE HERE. AND OVER HERE IS OUR SITE. THERE IS NO DIRECT LINKAGE TO GET TO THAT SCHOOL. THE RESIDENTIAL USES AND THE SCHOOL ARE ALL WEST OF THIS SITE, CONSIDERABLY WEST OF THIS SITE. SO THERE'S NOT ANY SCHOOLS AROUND. IN CLOSE PROXIMITY.

THOMAS: OKAY.

THAT WAS ONE OF THE QUESTIONS THAT CAME UP AFTER THE HEARING WAS CLOSED AT THE PLANNING COMMISSION ABOUT CHILDREN IN THE AREA. THERE DOESN'T APPEAR TO BE -- WITH PERHAPS AN EXCEPTION, THERE DOESN'T APPEAR TO BE WITH ALL OF THIS INDUSTRIAL AND COMMERCIAL ZONING AND USES THAT ARE EXISTING HERE, FOR ANY NEED FOR ANY CHILDREN TO BE GOING THIS WAY. FURTHER EAST TO US IS ALL INDUSTRY WITH -- ALL INDUSTRIAL WITH WAREHOUSING, CONSTRUCTION COMPANIES. OVER IN THIS AREA SO IT WOULD NOT APPEAR THAT THERE WOULD BE A NEED FOR ANY CHILDREN TO WALK ON A NON-SIDEWALK STREET OVER TO DOBIE.

THOMAS: BUT YOU WOULD AGREE THAT SO MANY FEET FROM YOUR TAVERN THERE IS AN APARTMENT COMPLEX, THEN YOU GO INTO RESIDENTIAL, WHICH IS WEST OF -- A BLOCK WEST OF -- I GUESS THAT'S THE 7-11, WHATEVER ON THAT CORNER. IT SAYS CONVENIENCE STORE, I GUESS.

YES, SIR, A GAS STATION ON THAT CORNER.

THOMAS: RIGHT.

THE APARTMENTS FROM THAT CORNER OVER TO OUR SITE IS ABOUT 1200 OR SO FEET, A QUARTER OF A MILE, MORE OR LESS.

THOMAS: OKAY. AND -- AND DID YOU GET ANY INPUT FROM THE NEIGHBORS THAT'S IN THE SURROUNDING AREA, ANY --

COUNCILMEMBER THOMAS, THERE WAS A PLUMBING COMPANY REPRESENTATIVE FROM THE PLUMBING COMPANY THAT WAS THERE IN OPPOSITION TO IT. WE HAVE NOT HEARD FROM HIM SINCE THE PLANNING COMMISSION MEETING. I DON'T BELIEVE STAFF HAS HEARD FROM HIM. I THINK AFTER THE COMMISSION MEETING, PRESUMPTION ON MY PART, I THINK AFTER HE GOT AN IDEAING OF IT, I PRESUME THAT HE WAS NO LONGER OPPOSED TO IT. I BELIEVE THAT WAS A MR. BIGGS.

THOMAS: OKAY. I SEE YOU ALSO HAVE SEVERAL -- SEVERAL CHURCHES IN THE AREA, RIGHT?

YES, SIR, THERE'S A CHURCH AS I HAD INDICATED THAT'S ABOUT A QUARTER OF A MILE AWAY TO THE WEST. AND THEN OVER ON -- ON BROWN LANE, I DON'T THINK THAT YOUR MAP MAY NOT GO THAT FAR, THERE'S ANOTHER CHURCH. WE HAVE NOT HAD ANY -- ANY OPPOSITION FROM THOSE CHURCH MEMBERS AS WELL. AS YOU KNOW, IN FACT WE EXCEED THE LEGISLATIVE REQUIREMENT.

THOMAS: OKAY. THANK YOU.

MAYOR GARCIA: FURTHER QUESTIONS FOR MR. BENNETT? COUNCIL, THIS IS ONE THAT THE ZONING AND PLATTING COMMISSION RECOMMENDS THAT WE DENY. [ONE MOMENT PLEASE FOR CHANGE IN CAPTIONERS]NO CARRIERRINGCONNECT 1200c

... THAT IT'S MOST LIKELY TO BECOME MOF COMMERCIAL IN NATURE. IT'S NOT DEVELOPED. IT'S AN UNDEVELOPED PIECE OF TRACT.

MAYOR GARCIA: I GUESS IT'S LANDLOCKED PRETTY MUCH?

GLASGO: THEY HAVE FRONTAGE ON DESSAU ROAD. IT LOOKS LIKE IT'S SURROUNDED BY COMMERCIAL ZONING.

MAYOR GARCIA: COUNCIL, WHAT'S YOUR WISH ON THIS ONE?

SLUSHER: MAYOR, I HAVE A COUPLE QUESTIONS.

MAYOR GARCIA: COUNCILMEMBER SLUSHER.

SLUSHER: THE NEAREST HOUSES, MS. GLASCO, ARE UP DESSAU ROAD A LITTLE BIT AND THEN BACK IN THE NEIGHBORHOOD. IS THAT RIGHT?

GLASGO: THERE ARE JUST A FEW HOUSES, THE LITTLE CIRCLES REPRESENT HOUSES THAT ARE SCATTERED THROUGHOUT.

SLUSHER: I DON'T SEE ANY OF THESE NEARBY. WELL, THERE ARE LITTLE KIRK ELSE ON THIS PROPERTY ITSELF HERE. ARE THOSE -- WHAT IS THAT?

GLASGO: ON THE --.

SLUSHER: ALONG -- WHERE -- LET'S SEE. ALONG CAMERON ROAD. ARE THOSE HOMES?

GLASGO: NO, THOSE ARE JUST DOTS TO SHOW THE PENDING -- PENDING CASES. THE CIRCLES ARE CLEAR. WHERE THERE IS A HOUSE, THERE'S A CLEAR CIRCLE. THAT'S DOTS ARE A HIGHLIGHTING OF A PREVIOUS ZONING CASE WE HAD IN THE AREA. THAT SURROUND THE PROPERTY. THEY ARE NOT --.

SLUSHER: SO THEN IS THERE A HOUSE THEN ABOUT SIX LOTS DOWN ON DUNGAN LANE? IS THAT A SINGLE FAMILY DWELLING.

GLASGO: WE'RE SHOWING A FEW SINGLE-FAMILY HOUSES CLOSE TOWARDS BROWN LANE.

SLUSHER: WHAT'S THE HISTORY HERE? WHERE THERE USED TO BE A HOUSE -- STREET OF ALL HOMES AND THEN IT'S GONE OVER INTO MORE INDUSTRIAL USES?

GLASGO: IN THIS IS AN AREA WHEN WE ANNEXED IT WAS COMMERCIAL AND OVER TIME THE ZONING HAS BEEN CHANGE OVER THE YEARS TO COMMERCIAL ZONING. ALL THE WAY BACK TO 1979, AND OVER TIME THE ZONING HAS BEEN CHANGED TO INDUSTRIAL. AND IT'S JUST NEVER BEEN A PREDOMINANTLY RESIDENTIAL AREA. A FEW CASES DATE BACK AS FAR AS 1977 WITH THE BUSINESS PARK.

SLUSHER: SO THAT'S THE TREND.

GLASGO: YES.

SLUSHER: MR. BENNETT, CAN I ASK YOU A COUPLE YES, SIR? WHAT YOU ARE TRYING TO DO IS PUT A -- -- COUPLE QUESTIONS? THANK YOU, THAT'S HELPFUL. YOU ARE TRYING TO PUT A NIGHTCLUB IN HERE. IS THAT CORRECT?

ACTUALLY, COUNCILMEMBER SLUSHER, I WOULD CALL IT A TAVERN. IT'S ONLY 2400 SQUARE FEET. I THINK OF A NIGHTCLUB AS BEING A BIGGER FACILITY THAN WHAT WE'RE TALKING ABOUT. TO FOLLOW UP ON A QUESTION YOU ASKED MS. GLASCO, I DON'T BELIEVE ANY OF THE BUILDINGS THAT ARE TAGGED ARE SHOWN RESIDENTIAL. I THINK THEY ARE PROBABLY USED AS COMMERCIAL, AS YOU CAN SEE FROM THAT AERIAL, THE AREA IS A COMMERCIAL AND INDUSTRIAL TYPE AREA AND THERE MAY BE A FEW IN THERE THAT ARE JUST IN TRANSITION. I THINK THEY ARE PROBABLY ALL BEING USED COMMERCIAL.

SLUSHER: OKAY. I CERTAINLY DON'T HAVE A PROBLEM WITH A TAVERN. WHAT CAN YOU ASSURE US WOULD BE A GOOD OPERATION THAT SOME OF THE NEIGHBORS WOULDN'T REGRET WENT IN THERE?

WELL, IT'S ON A SITE THAT IS CURRENTLY DEVELOPED WITH A COMMERCIAL WAREHOUSING AND OFFICE, SMALL BIT OF OFFICE. AND THOSE SITES AS WELL AS THE WAREHOUSING AND STUFF TO THE EAST AND THE WEST, THOSE FACILITIES ARE PROBABLY GOING TO BE CLOSED AT NIGHT, PRESUMING PREDOMINANTLY THAT'S WHEN THE TAVERN SHOULD BE DOING MOST OF THEIR BUSINESS.

SLUSHER: UH-HUH.

BASED ON THAT SMALL NATURE AND SIZE, I DON'T SEE WHERE TRAFFIC COULD BE A DETRIMENT WITH THOSE FACILITIES BEING CLOSED AND THE STREET MORE OR LESS BECOMING -- I DON'T WANT TO SAY VACANT AT NIGHT, BUT CERTAINLY NOT HEAVILY TRAVELED. THAT SF-3 ZONING TO THE SOUTH OF US, IF YOU LOOK AT THE AERIAL THAT I PRESENTED TO YOU, THERE IS A ROW OF BUILDINGS BETWEEN US AND THAT UNDEVELOPED RESIDENTIAL TO THE SOUTH.

SLUSHER: UH-HUH.

SO THERE IS A PHYSICAL BARRIER BETWEEN US AND THAT RESIDENTIAL ZONED PROPERTY, WHICH I PRESUME IS TRANSITIONAL AND SHOULD BE REZONED AT A FUTURE DATE.

SLUSHER: WAS THE IDEA HERE A TAVERN FOR PEOPLE THAT WORK IN THE AREA?

YES, SIR, I THINK SO. WITH THAT SMALL SIZE, THAT'S WHY I SAY I DON'T THINK WE'RE GOING TO HAVE A WHOLE BUNCH OF PEOPLE COMING FROM FAR AWAY. THIS IS TO SERVE THE PEOPLE AROUND THERE WHEN THEY GET OFF WORK.

SLUSHER: ARE YOU GOING TO SERVE ANY FOOD?

IT WOULD JUST BE OF A SMALL NATURE. SNACK-TYPE FOOD, I THINK. WE'RE NOT PROPOSING A RESTAURANT.

SLUSHER: OKAY. ALL RIGHT, MAYOR, THAT'S ALL THE QUESTIONS I HAVE.

MAYOR GARCIA: THANK YOU, COUNCILMEMBER SLUSHER. ANY OTHER QUESTIONS FOR MR. BENNETT? FOR ALICE? OKAY. COUNCILMEMBER GRIFFITH.

GRIFFITH: YES. MS. GLASCO, A COUPLE OF THINGS FOR YOU. I NOTICE THAT THE MOTION TO DENY PASSED 9 TO NOTHING, AND THAT THE MOTION TO APPROVE FAILED 4 TO 5. CAN YOU REVIEW FOR US AND FOR THE PUBLIC WHAT THE THINKING WAS OF THE FOLKS WHO WERE NOT INTERESTED IN APPROVING THIS ITEM?

GLASGO: YEAH --.

GRIFFITH: IT'S A LITTLE SKETCHY IN THE BACKUP.

GLASGO: THE PLANNING COMMISSION FELT IT WAS NOT APPROPRIATE DESPITE THE SMALL SIZE. SECONDLY FOR THEM THEY USUALLY RECEIVE COMMENTS FROM PROPERTY OWNERS WHO ARE NOTIFIED WITHIN 300 FEET AND SOME OF THEM DID SEND BACK LETTERS THAT ARE IN YOUR BACKUP OBJECTING TO THE CHANGE IN ZONING. SO THEY JUST FELT AS A GROUP THAT FOR THOSE WHO DID NOT VOTE FOR IT, THAT IT WAS NOT AN APPROPRIATE USE FOR THE AREA.

GRIFFITH: WAS IT RELATED TO THE SCHOOL AND THE CHURCH WLOXZ? THE PROXIMITY OF RESIDENTIAL AND CHURCH AND SCHOOL? WAS THAT TALKED ABOUT?

GLASGO: I'M SKIMMING THROUGH THE MINUTES TO SEE IF I CAN CATCH ANY -- THEY DID ASK THE DISTANCE FROM FACILITY TO SCHOOLS AND THE RESPONSE FROM STAFF WAS THAT THE APPROXIMATE DISTANCE TO THE DAY CARE WAS ABOUT 700 FEET AWAY, AND THAT THE CHURCH WAS APPROXIMATELY 900 FEET AWAY. AND OF COURSE STATE LAW HAS A REQUIREMENT FOR SPACING REQUIREMENTS, SO THE ZONING IN ITSELF WOULD NOT AUTHORIZE THE SALE OF ALCOHOLIC BEVERAGES ON SITE IF THE STATE DOES NOT BELIEVE THAT THE DISTANCES ARE MET WHEN THEY ISSUE A LIQUOR LICENSE. YOUR ZONING IS JUST REALLY -- A CONDITIONAL USE PERMIT WOULD ALSO BE REQUIRED FOR A NIGHTCLUB TUNED ZONING PROCESS. THE ZONING AND PLATTING COMMISSION -- IF THE USE WERE ALLOWED, WOULD HAVE TO CONSIDER THE CONDITIONAL USE PERMIT, AND THE TEXAS ALCOHOLIC BEVERAGE COMMISSION WOULD HAVE TO CONSIDER STATE LAW DISTANCE REQUIREMENTS THAT ARE MET BEFORE THEY ISSUE A LIQUOR LICENSE.

GRIFFITH: HAVE THE HOURS BEEN ESTABLISHED YET? I NOTICE THAT PART OF THE CONVERSATION AT ZONING AND PLATTING INVOLVED HOURS, AND MR. BENNETT SAID AT THAT TIME IT WOULD PROBABLY BE FROM 4:00 IN THE AFTERNOON UP UNTIL MIDNIGHT OR LATER HOURS, I DON'T KNOW. DO WE KNOW NOW?

GLASGO: I'LL LET MR. BENNETT RESPOND TO THAT IF HE HAS THAT ANSWER.

COUNCILMEMBER GRIFFITH, WE HAVE NOT ESTABLISHED THE HOURS OF OPERATION, AND I PRESUME THAT WOULD BE DONE AT THE CONDITIONAL USE PERMIT SHOULD IT BECOME RELEVANT TO THE SITE PLAN APPROVAL. I THINK WHAT I WAS REPORTING TO MR. SLUSHER JUST A MOMENT AGO WAS THAT MOST OF THOSE BUSINESS WOULD BE AROUND THERE WHEN THE BUSINESS SHOULD BE PEAK, IF YOU WILL, SHOULD BE ALREADY CLOSED FOR THE DAY.

GRIFFITH: THANK YOU.

MAYOR GARCIA: IS THERE A MOTION TO CLOSE THE PUBLIC HEARING?

GRIFFITH: SO MOVED.

MAYOR GARCIA: MOTION BY COUNCILMEMBER GRIFFITH TO CLOSE THE PUBLIC HEARING. IS THERE A SECOND? SECONDED BY THE MAYOR PRO TEM. ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. OPPOSED SAY NO. NO. MOTION CARRIES. WE'LL ENTERTAIN A MOTION ON THE ITEM ITSELF. IS THERE A MOTION ON THIS ITEM?

MAY I LOOK THROUGH THIS?

MAYOR GARCIA: YOU MOVE APPROVAL OF --.

ALVAREZ: STAFF RECOMMENDATION.

MAYOR GARCIA: THERE'S A MOTION TO APPROVE STAFF RECOMMENDATION.

SLUSHER: I'LL SECOND THAT.

MAYOR GARCIA: DISCUSSION? ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE --.

THOMAS: MAYOR.

MAYOR GARCIA: THIS IS FOR FIRST READING ONLY. ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. THOSE AGAINST SIGNIFY BY SAYING NO.

GOODMAN: SHOULD WE MAYBE HAVE DISCUSSED THIS AFTER ALL?

MAYOR GARCIA: I'M SORRY?

GOODMAN: WELL, NOBODY COMMENTED SO I WAS SAYING MAYBE WE SHOULD HAVE BEFORE WE WENT TO A VOTE.

SLUSHER: WAS THE VOTE 4-3?

MAYOR GARCIA: THE VOTE WAS 3-3 AND I HAVEN'T VOTED YET.

SLUSHER: BECAUSE I HAVEN'T HEARD YOU AND THAT'S WHY I WAS ASKING.

MAYOR GARCIA: I'M GOING VOTE AYE ON THIS ONE AND PASS IT ON A FIRST READING ON A VOTE OF 4-3. WHEN DOES THIS COME BACK?

GLASGO: WE WILL BRING IT BACK AS SOON AS WE CAN GET AN ORDINANCE READY, SO THERE IS NO TIME. MOST LIKELY THE BEGINNING OF THE YEAR.

MAYOR GARCIA: THANK YOU.

GLASGO: THANK YOU.

MAYOR GARCIA: NOW WE GO TO ITEM NO. 66.

GLASGO: ITEM 66 IS THE ROSEWOOD NEIGHBORHOOD PLAN COMBINING DISTRICT, AND ITEM NO. 67 IS THE NEIGHBORHOOD PLAN ITSELF THAT COUNCIL HAS ALREADY APPROVED AT A PREVIOUS MEETING ON FIRST READING. SO WE WOULD LIKE TO OFFER YOU TONIGHT AND STEVE BARNEY, THE PLANNER ON THIS CASE, WHO IS GOING TO GIVE YOU A BRIEF OVER JEW VIEW. HE WILL MAKE IT SHORT AND SWEET. YOU WILL BE PRESENTED -- TONIGHT WILL YOU HAVE THE PLAN ADOPTION ON SECOND AND THIRD READING AND THE ZONING THAT MATCHES THE PLAN ON FIRST READING. STEVE BARNEY.

STEVE BARNEY WITH THE NEIGHBORHOOD PLANNING AND ZONING DEPARTMENT. I WILL SAY THAT ON THE ADVICE OF LEGAL STAFF, IT WOULD BE APPROPRIATE TO TAKE ITEM 67 UP FIRST BEFORE TAKING UP ITEM 66 SO THAT THE -- IF THE PLAN IS TO BE ADOPTED, IT WOULD BE ADOPTED BEFORE THE ZONINGS WOULD TAKE PLACE.

MAYOR GARCIA: OKAY. THIS IS FOR SECOND AND THIRD READING OF AN ORDINANCE AMENDING THE PROGRAM BY ADOPTING THE NEIGHBORHOOD PLAN FOR THE AREAS BOUNDED AS DESIGNATED HERE. IS THAT CORRECT?

YES, SIR.

MAYOR GARCIA: OKAY. I'LL ENTERTAIN A MOTION ON ITEM NO. 67. FOR SECOND AND THIRD READING.

GOODMAN: MOVE APPROVAL, MAYOR.

MAYOR GARCIA: MOTION BY THE MAYOR PRO TEM.

WYNN: SECOND.

MAYOR GARCIA: DISCUSSION? ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. OPPOSED NO. MOTION CARRIES. OKAY, NOW TO ITEM 66.

THIS IS ITEM C14-01-01506789 I WILL BRIEFLY DISPENS WITH THE MORE MALTS AND SUMMARIZE A FEW THINGS HERE, BUT THIS IS THE ROSEWOOD NEIGHBORHOOD PLAN COMBINING DISTRICT, A PUBLIC HEARING TO AMEND CHAPTER 25-2 OF THE AUSTIN CITY CODE BY REZONING PROPERTY BOUNDED BY AIRPORT BOULEVARD FROM MANOR ROAD TO OAK SPRINGS DRIVE, OAK SPRINGS DRIVE FROM AIRPORT BOULEVARD, WEBBERVILLE ROAD TO REMEMBERER VIL ROAD TO NORTHWESTERN, NORTHWESTERN AVENUE TO ROSEWOOD AVENUE. EAST 12TH STREET TO THE RAILROAD TRACKS IMMEDIATELY EAST OF WALNUT AVENUE, THE RAILROAD TRACKS BETWEEN E 12TH STREET AND MARTIN LUTHER KING BOULEVARD, MARTIN LUTHER KING BOULEVARD TO STAFFORD STREET, STAFFORD STREET TO ROGERS AVENUE TO WALNUT AVENUE. WALNUT AVENUE TO MANOR ROAD. THIS WOULD BE TO ADD A NPCD TO EACH BASE ZONING DISTRICT WITHIN THE PLAN AREA, TO PERMIT THE SMALL LOT AMNESTY AND SECONDARY APARTMENT SPECIAL USES ON ANY LOT IN THE AREA; TO PERMIT THE NEIGHBORHOOD MIXED USE BUILDING SPECIAL USE FOR TRACTS, TO PERMIT THE NEIGHBORHOOD URBAN CENTER FOR SPECIAL USE FOR TRACTS 4, 5, 54 AND 55.

MAYOR GARCIA: CAN I HELP YOU BY SAYING WE HAVE THE MAP AND WE HAVE THIS SO YOU DON'T HAVE TO READ THAT INTO THE RECORD?

THAT SOUNDS G I'LL WRAP IT UP BY SAYING THE RECOMMENDATION IS TO CHANGE ZONING FROM VARIOUS COMMERCIAL RESIDENTIAL INDUSTRIAL AND CIVIC DISTRICTS TO VARIOUS COMMERCIAL, RESIDENTIAL, CIVIC DISTRICTS IN SOME CASES WITH CONDITIONAL OVERLAYS. AND THE APPLICANT, THE CITY OF AUSTIN NEIGHBORHOOD PLANNING AND ZONING DEPARTMENT.

MAYOR GARCIA: HOW MANY PEOPLE PARTICIPATED FROM THE NEIGHBORHOOD IN THIS PARTICULAR --

MY ESTIMATE IS APPROXIMATELY 250 PERSONS EITHER ATTENDED A MEETING, RETURNED A SURVEY, RETURNED A COMMENT FORM THAT WE SENT OUT WITH THE PLAN SUMMARY, CONTACTED STAFF IN SOME OTHER WAY.

MAYOR GARCIA: OKAY. AND THIS IS BASICALLY THEIR PLAN?

YES, SIR.

MAYOR GARCIA: IN OTHER WORDS, YOU MIGHT HAVE TO HELP THEM OR SOMEBODY FROM YOUR STAFF MAY HAVE HELPED THEM PUT THE DETAILS TOGETHER, BUT THIS IS BASICALLY WHAT THEY WANTED, CORRECT?

YES, SIR.

MAYOR GARCIA: OKAY. IS THERE ANY QUESTIONS ON THIS -- COUNCILMEMBER ALVAREZ.

ALVAREZ: WE ACTUALLY HAD THE PUBLIC HEARING LIKE A MONTH OR SO OR SIX WEEKS AGO, AND SO -- AND THERE WAS I THINK AT THAT POINT SUPPORT EXPRESSED FOR THIS PLAN AND JUST THE -- I GUESS THE -- IT WAS REPRESENTED TO ALL OF US THAT IT WOULD COME BACK SO THAT THE ZONING COULD BE DONE.

MAYOR GARCIA: OKAY.

ALVAREZ: BUT THERE HAS BEEN SOME INPUT AT LEAST TO THE COUNCIL ON THIS PLAN. JUST A FEW WEEKS AGO.

MAYOR GARCIA: OKAY. IS THERE ANYBODY HERE FROM THE NEIGHBORHOOD THAT WOULD LIKE TO SAY ANYTHING? NO? OKAY.

IF I MIGHT ADD, THE PLANNING TEAM CHAIR, DUSTY MCCORMICK, WITH DELL COMPUTERS, WASN'T SURE IF HE WOULD BE ABLE TO GET OFF WORK IN TIME TO ATTEND THE COUNCIL MEETING. BUT HE HAD EVERY INTENTION OF BEING HERE TODAY.

MAYOR GARCIA: AND I THINK HE INFORMED THE COUNCILMEMBERS THAT HE AGREES WITH THE PLAN. THIS WILL BE FOR FIRST READING ONLY.

YES, SIR.

MAYOR GARCIA: AND I'LL ENTERTAIN A MOTION TO APPROVE THE ROSEWOOD NEIGHBORHOOD PLAN COMBINING DISTRICT.

GOODMAN: SO MOVED, MAYOR.

MAYOR GARCIA: MOTION BY MAYOR PRO TEM. SECONDED BY COUNCILMEMBER ALVAREZ. FURTHER DISCUSSION? LET ME JUST COMMENT THAT UNLIKE OTHER PLANS THAT HAVE MET SOME DISAGREEMENT HERE AT THE COUNCIL, THIS ONE SEEMS TO BE MOVING ALONG PRETTY SMOOTH LISMT SO OBVIOUSLY VERY GOOD WORK. COUNCILMEMBER GRIFFITH.

GRIFFITH: I DIDN'T HAVE ANYTHING.

SLUSHER: IF NOBODY IS -- IS HERE, IT'S HARD TO TELL WHETHER THEY LIKE IT OR NOT. THEY MIGHT BE MAD AND JUST NOT BE HERE.

MAYOR GARCIA: WELL, I THINK MR. MCCORMICK SAID THAT THEY HAD HAD GOOD SUPPORT FROM THE CITY AND THAT THEY AGREED WITH P PLAN.

IF I MIGHT RESPOND TO YOUR COMMENTS, MR. MAYOR, WE DID HAVE ONE GENTLEMAN IN OPPOSITION AT THE PLANNING COMMISSION. HE FELT THAT ANOTHER ZONING CATEGORY MIGHT BE APPROPRIATE FOR HIS PROPERTY. AND PLANNING COMMISSION AGREED WITH HIM. CHANGED THE RECOMMENDATION, WHICH IS REFLECTED IN WHAT YOU WOULD BE VOTING ON TODAY. I MIGHT ALSO ADD THAT FOR WHATEVER REASON, THIS SEEMS TO BE A NEIGHBORHOOD WHERE ZONING ISSUES ARE NOT QUITE AS HOT A TOPIC AS SOME OTHER NEIGHBORHOODS.

MAYOR GARCIA: OKAY. ALL RIGHT. THERE'S BEEN A MOTION AND SECOND. ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. OPPOSED NO. MOTION CARRIES. THANK YOU VERY MUCH. THIS IS FOR FIRST READING ONLY. COUNCIL, THIS IS THE LAST ITEM BEFORE WE GO TO THE TIME CERTAIN 5:30 FOR LIVE MUSIC AND PROCLAMATIONS. AT 6:00 THE PUBLIC HEARING ON ITEMS 68. SO WE'RE RECESSED UNTIL 5:30. [ONE MOMENT, PLEASE, WHILE CAPTIONERS CHANGE]. TEST TEST TEST THIS IS A TEST, ZONING ZONING, ZONING ZONING, TEST TEST TEST THIS IS A TEST, TEST TEST TEST THIS IS A TEST, TEST TEST, DANNY ALMONTE,

GOODMAN: OCTAVIOUS BISHIP, AS USUAL WE ARE GOING TO -- AS USUAL WE ARE GOING TO HAVE A MUSIC SECTION DURING THE COUNCIL MEETING, WHICH I THINK FEW OTHER COUNCILS IN THE COUNTRY DO. WE USED TO HAVE THIS AT A DIFFERENT TIME, SOME SAY TO SOOTHE THE SAVAGE BEAST OF PUBLIC HEARINGS THAT WERE TO COME UP. BUT THESE DAIS FOR LCRA WE ARE DOING IT AT 5:30 INSTEAD, SO LET ME INTRODUCE FOR THOSE OF YOU HERE AND WATCHING, DANNY BRITT, AND WARREN IS WITH HIM. DANNY BRITT IS SOMEONE WE ARE VERY PLEASED TO WELCOME. HE GREW UP PLAYING EVERYTHING FROM BLUE GRASS TO COUNTRY TO CLASSICAL TO ROCK AND ROLL. HE WRITING AND PLAYING HIS OWN MUSIC AFTER A CAREER WITH JERRY JEFF WALKER'S BAND AND IN THE EARLY 1990'S, WE PARTNERRED UP WITH PEN HARRIS AND BEGAN COLLABORATING ON SEVERAL SONGS. IN 2001 THEY RELEASED THEIR FIRST RECORDING ENTITLED -- I'M NOT GOING TO SAY THIS SO YOU CAN HEAR IT, BUT IT'S RED DOG. DAWG. RED DAWG, TEXAS STUFF. DANNY IS ALSO CO-OWNER OF RED DAWG MUSIC, A LOCAL RECORD COMPANY AND IT IS WITH GREAT PLEASURE THIS I READ THIS PROCLAMATION. AND YOU ALSO ARE LUCKY TO GET ONE OF THE NEW PROCLAMATIONS. WE HAVE REDESIGNED AND THEY ARE VERY PRETTY.

> GREAT.

THIS PROCLAMATION IS TO LET IT BE KNOWN THAT WHEREAS THE LOCAL MUSIC COMMUNITY MAKES MANY CONTRIBUTIONS TOWARD THE DEVELOPMENT OF AUSTIN'S SOCIAL, ECONOMIC AND CULTURAL DIVERSITY, AND WHEREAS THE DEDICATED EFFORTS OF ARTISTS FURTHER AUSTIN'S STATUS AS THE LIVE MUSIC CAPITAL OF THE WORLD, NOW THEREFORE GUS GARCIA, MAYOR OF THE CITY OF AUSTIN, TEXAS, DOES HERE BY PROCLAIM NOVEMBER 29TH IN THE YEAR 2001 AS DANNY BRITT DAY IN AUSTIN. IN WITNESS WHERE WAS, THE SIGNATURE IS HEREUNTO SET BY THE HAND AND CAUSED TO HAVE THE SEAL OF THE CITY OF AUSTIN TO BE AFFIXED THIS 29TH DAY OF NOVEMBER IN THE YEAR OF OUR LORD, 2001. SIGNED GUSTAVO L. GARCIA, MAYOR OF THE CITY OF AUSTIN, WELCOME, DANNY

THANK YOU. [ APPLAUSE ] IT'S A PLEASURE TO BE HERE AND IT'S WONDERFUL TO BE HONORED AS SUCH BY THE CITY OF AUSTIN AND THE CITY COUNCIL AND THE MAYOR. SO WE TRAVEL AROUND THE UNITED STATES AND A LOT OF DIFFERENT PLACES PLAYING MUSIC AND EVERYWHERE WE GO, WE TRY TO MAKE SURE THAT WE PLAY SOME TEXAS MUSIC AND SHOW PEOPLE WHERE WE ARE FROM. SO WARREN, MY FRIEND WARREN HOOD, WHO I AM SURE WILL BE HONORED -- HE WILL HAVE A NUMBER OF DAIS I'M SURE, WARREN JUST GRADUATED FROM AUSTIN HIGH. AND HE'S ONE OF THE FINEST YOUNG FIDDLE AND VIOLINNISTS NOT ONLY IN AUSTIN, BUT ANYWHERE. SO WE WILL PLAY ONE OFF THIS LATEST RECORD THAT YOU JUST MENTIONED, IT TALKS ABOUT TEXAS.

(music) THERE'S A RIVER THAT'S DEEP AND WIDE, BUT AT TIMES IT'S ALMOST DRY, IT JUST DEPENDS ON WHERE YOU TRY TO CROSS. IT'S A RAGING ROARING RIVER, IT'S A COOL MOUNTAIN STREAM, IT'S A RIVER THAT'S CAUSED MANY MAN A LOSS. (music)(music) (music) WHEN THE HEAD WATERS ROAR, THE RIVER STARTS TO FLOW, THROUGH SANTA FE AND ALL THROUGH EL PASO. (music)(music) (music) WE WILL -- TO A PLACE WE CALL BIG BEND, THAT'S CARVED A PATH DOWN LOW, SEPARATING TEXAS AND MEXICO. (music)(music) (music) SO ROLL ON RIO GRANDE, ROLL ON. ROLL ON. ROLL ON RIO GRANDE, ROLL ON. (music)(music) (music) OH, RIVER ROLLS (music)(music) (music)(music) (NO VOCAL)

(music) NOW IN THE WESTERN DAIS OF OLD, SOMETIMES THE OUTLAWS RODE TO TRY TO BEAT THE LAW TO MECHANIC. (music)(music) TO MEXICO (music)(music)

(music) TIMES THE OUTLAWS WON AND MADE IT TO DRY LAND, BUT SOMETIMES THE LIFE WAS CLAIMED BY THE RIO GRANDE. (music)(music) (music) SO ROLL ON, RIO GRANDE, ROLL ON (music)(music) ROLL ON. ROLL ON RIO GRANDE, ROLL ON (music)(music) (music) ROLL RIVER ROLL (music)(music) (music) MANY PEOPLE HAVE BEEN LOST AND THE COYOTES COSTS IN THE ILLEGAL CROSS TO HE WILL NORTE. I SEE THE MOTHER LOSE HER SON, AND THE MAN WHO LEAVES HIS WIFE, TO CROSS IN THE NIGHT IN SEARCH OF A BETTER LIFE. TO CROSS INTO THE NIGHT IN SEARCH OF A BETTER LIFE (music)(music) (music) SO ROLL ON RIO GRANDE ROLL ON. ROLL ON. (music)(music) (music) ROLL ON, RIO GRANDE, ROLL ON. (music)(music) (music) ROLL ON, RIO GRANDE, ROLL ON, ROLL ON. (music)(music) (music) ROLL ON, RIO GRANDE, ROLL ON. (music)(music) OH, RIVER ROLL. (VIOLIN MUSIC (music)(music)) [ APPLAUSE ]

THANK YOU VERY MUCH.

GOODMAN: TELL US WHERE WE CAN GO TO HEAR YOU AND WHERE WE CAN BUY YOUR CD'S

YOU CAN BUY THE CD IN WATERLOO, AVAILABLE ON THE WEBSITE, WWW.REDDAWGMUSIC.COM. AND THERE'S A FULL LIST OF DATES IN TOWN AND OUT OF TOWN AND SO FORTH ON THE WEBSITE. WEBSITE. WE WILL BE AT ONE OF OUR LOCAL -- OUR FAVORITE LOCAL RESTAURANTS THIS COMING MONDAY NIGHT, WHICH IS ART'S RIB HOUSE ON SOUTH LAMAR. THEY ARE A GREAT SUPPORTER OF LIVE MUSIC, SOME OF THE BEST BARBECUE ANYWHERE. WE WILL BE THERE FROM 7:30 TO 9:30 MONDAY NIGHT. IT WAS OUR PRIVILEGE TO HAVE YOU AND AN HONOR TO HAVE WARREN, HE'S GREAT. [ APPLAUSE ]

THANK YOU, THANK YOU VERY MUCH. IF CECILA BUSTAMANE WOULD COME. WE HAVE A LOT OF REALLY GREAT SISTER CITIES, ONE OF OUR FIRST -- WAS LIMA OUR FIRST? SECOND. OUR SECOND SISTER CITY WAS LIMA, PERU. CECILA BUSTAMANTE HAS BEEN INSTRUMENTAL IN KEEPING THOSE CONNECTIONS INTACT THROUGH THICK AND THIN OVER THE YEARS. WHAT WE HAVE ARE SOME CERTIFICATES OF APPRECIATION. SO WHAT I WILL DO BEFORE WE GO INTO THESE IS HAND THE MICROPHONE OVER TO CECILA TO TALK ABOUT LIMA AND OUR SISTER CITY ACTIVITIES AND WHAT'S HAPPENING.

THANK YOU, JACKIE. NOTHING COULD HAVE BEEN DONE WITHOUT THE SUPPORT OF THE -- OF THE VERY -- MANY MAYORS THAT WE HAVE HAD IN AUSTIN. LIMA PERU WAS CREATED ON NOVEMBER 12TH, 1890 -- 1981. SO IT'S 20 YEARS NOW. ALONG THOSE YEARS, I GET CONNECTED TO THIS INTERNATIONAL GROUP, SO NOW WE HAVE GROWN. WE HAVE 10 SISTER CITIES. AND WE HAVE HAD MANY [INAUDIBLE] CARRIED OUT, LIKE 50, USUALLY IN BENEFITTING LIMA, WE HAVE HAD MEDICAL NATIONS AND -- MEDICAL MISSIONS AND EXCHANGE OF EXPERTS TO ADVISE PEOPLE DOWN IN LIMA, TO -- IN THEIR CAPACITIES AND WE HAVE KEPT BUSY OUR MEMBERSHIP FOR ALL THESE YEARS. THANK YOU FOR THE -- FOR REMEMBERRING US THIS DAY, ESPECIALLY WE HAVE PLANNED OUR BIG CELEBRATIONS, BUT AFTER THE SEPTEMBER 11TH EVERYTHING CHANGED AND MIGHT BE NEXT YEAR WE WILL DO SOMETHING. WE WILL INVITE YOU ALL. THANK YOU. [ APPLAUSE ]

GOODMAN: WHAT WE HAVE HERE ARE CERTIFICATES OF APPRECIATION, I THINK I WILL READ YOU ONE. THE FIRST ONE, THEY ALL SAY THE SAME. THEN WE WILL ADD THE NAMES AND YOU WILL KNOW THAT EACH ONE, EACH CERTIFICATE SAYS THE SAME. FROM THE CITY OF AUSTIN, THE CERTIFICATE OF APPRECIATION IS TO CERTIFY THAT THROUGH HIS WORK IN SUPPORTING THE PERUVIAN NATIONAL DAY CELEBRATION, JOHN WHEAT HAS RENDERRED VALUABLE AND DISTINGUISHED SERVICE TO THE CITY OF AUSTIN, TEXAS. THIS CERTIFICATE IS ISSUED IN APPRECIATION OF HIS ASSISTANCE IN STRENGTHENNING THE BONDS OF INTERNATIONAL FRIENDSHIP BETWEEN AUSTIN AND ITS SISTER CITY OF LIMA, PERU, IS PRESENTED THIS 29TH DAY OF NOVEMBER, A.D., 2001. BY THE CITY COUNCIL OF AUSTIN, TEXAS, AND SIGNED BY MAYOR GUS GARCIA. THANK YOU VERY MUCH FOR ALL YOU DO. [ APPLAUSE ]

I'M JUST GOING TO READ THROUGH THE NAME REAL QUICKLY, BUT YOU ALL SPEAK IF YOU FEEL SO INCLINED. COME ON UP. ALSO TO EVELYN GARCIA AND PHILIPPINO CULTURAL GROUP. ALSO TOM WOODRUFF, WORLD POET. ALSO DIRECTOR JESUS CHICON AND ROY LAZONO AND BALLET FOLKLORICO

COME ON UP AND STAY IF YOU WANT TO TALK. I WILL READ THEM ALL, WE WILL CLAP FOR ALL OF YOU. WHOEVER WANTS TO SPEAK, SPEAK. PAUL CLEMPERER. I KNOW THAT I'M GOING TO MANGLE THIS ONE, LET ME APOLOGIZE AHEAD OF TIME. CAPRORA? THAT WAS NOT EVEN CLOSE. COME TELL US YOUR NAME.

[INAUDIBLE - NO MIC]

IT'S A GROUP. OKAY.

MARTIAL ARTS GROUP

[INAUDIBLE - NO MIC]

AH --

I WAS -- I WAS NOT GOOD AT THIS, I'M SO SORRY. ANGELA VILLEREAL RADCLIFF FROM AUSTIN HISPANIC WRITERS. JILLCA WARRA -- JOHN, COME HERE. [ LAUGHTER ]. OH, OKAY. CHRISTIE HUMPHREY AND AUSTIN TANGO CONNECTION. NANCY CASTRO, CARMEN GERREMONTE? AND RIASES DEL PERU. FROM HOUSTON, A DANCE GROUP FROM HOUSTON. CARMEN SOLIS FROM CASA PERU. AND, OKAY, THAT WAS REALLY HORRIBLE PRONUNCIATION, YOU CAN TELL THAT I WAS NOT GOOD AT LANGUAGES, SO PLEASE, PLEASE, COME FIX MY MISTAKES AND TALK TO US. JOHN, FOR SURE AND WHOEVER ELSE FEELS SO INCLINED. COME ON UP WITH HIM SO THAT YOU CAN GET IN

THANK YOU, JACKIE, I'M JOHN WHEAT, MY FUNCTION HERE AT THIS GREAT EVENT BACK IN THE SUMMER, THE CELEBRATING PERUVIAN INDEPENDENCE WAS TO FUNCTION AS MASTER OF CEREMONIES. SO IT WAS REALLY MY PLEASURE TO PRESENT ALL OF THESE WONDERFUL TALENTS, BOTH LITERARY, MUSICAL, DANCE, IT WAS A GREAT CELEBRATION. MY HAT IS OFF TO CECILA FOR DOING ALL OF THE GROUNDWORK FOR ORGANIZING A VERY COMPLEX EVENT. WHICH I THINK REFLECTED VERY WELL ON THE CITY OF AUSTIN AND THE SISTER CITIES PROGRAM. SHE DOES A TREMENDOUS JOB. THIS IS JUST ONE EVENT OF ALL OF THE THINGS THAT SHE DOES YEAR ROUND, I THINK WE OWE HER A REAL DEBT OF GRATITUDE. [ APPLAUSE ] THANK YOU.

OUR NEXT PROCLAMATION IS FOR BUSINESS SUCCESS CENTER'S 11TH ANNIVERSARY, WE HAVE JAN TRIPLET WITH US. WE ALSO HAVE A GREAT BROCHURE THAT SAYS YOUR SUCCESS IS OUR ONLY BUSINESS FROM THE BUSINESS SUCCESS CENTER. THE PROCLAMATION IS TO LET IT BE KNOWN THAT THE BUSINESS SUCCESS CENTER PROVIDES INVALUABLE ASSISTANCE TO SMALL BUSINESS OWNERS AND THEIR INTERNATIONAL INITIATIVES, THEIR AWARD WINNING OWNNERS' PROGRAM AND THEIR HATCHERY? IS THAT RIGHT? HATCHERY ACCELERATOR PROGRAM, SERVICED MORE THAN 1,000 SMALL COMPANIES THROUGHOUT TEXAS AND IN OTHER STATES LAST YEAR. AND THEIR WORK SIGNIFICANTLY CONTRIBUTES TO AUSTIN'S ECONOMIC GROWTH AND DEVELOPMENT. NOW, THEREFORE, GUS GARCIA, MAYOR OF THE CITY OF AUSTIN, TEXAS, DOES HERE BY PROCLAIM NOVEMBER THE 15TH IN THE YEAR 2001 AS BUSINESS SUCCESS CENTER'S 11TH ANNIVERSARY IN AUSTIN. AND IN WITNESS THERETO SEE HAS SIGNED HIS NAME, GUSTAVO L. GARCIA, MAYOR OF THE CITY OF AUSTIN, WE ALL THANK VERY MUCH THESE FOLKS AND THOSE THEY REPRESENT FOR THE VERY, VERY HARD WORK THAT THEY GIVE US IN OUR COMMUNITY. THANK YOU. [ APPLAUSE ]

THANK YOU SO MUCH, MAYOR PRO TEM. I WOULD LIKE TO INTRODUCE TO YOU AND TO THE AUDIENCE MY INTERN, TIFFANY CARR. TIFFANY IS ONE OF THE OVER 100,000 PEOPLE WHO WORK FOR THE 30,000 PLUS SMALL BUSINESSES IN THE CITY OF AUSTIN. WE ARE NOT SMALL, WE ARE VERY BIG. WE JUST COME IN SMALL PACKAGES, BUT WE CREATE A GREAT DEAL OF OPPORTUNITY FOR PEOPLE WITH LOTS OF TALENT LIKE TIFFANY AND LOTS OF PEOPLE WHO MIGHT ORDINARILY LEAVE OUR COMMUNITY. SO WE CERTAINLY APPRECIATE AS THE LARGEST PRIVATE SMALL BUSINESS DEVELOPMENT CENTER WITH A SYSTEMATIC APPROACH FOR BUSINESS OWNERSHIP TO HELP GROW OTHER BUSINESSES AND TO BE PART OF THIS GREAT COMMUNITY. SO THANK YOU FOR BEING HERE AND THANK YOU VERY MUCH FOR THE MAYOR FOR RECOGNIZING US. THANK YOU SO MUCH. [ APPLAUSE ] >SLUSHER: THANK YOU, MAYOR PRO TEM. WELL, HERE IN THE COUNCIL CHAMBER AND IN THE CITY OF AUSTIN WE TALK A LOT ABOUT PREVENTING POLLUTION. WE REALLY WORK HARD TO PREVENT WATER POLLUTION, AIR POLLUTION, BUT ONE THING I THINK WE DON'T DO ENOUGH IS TALK ABOUT REVERSING THE POLLUTION THAT WE ALREADY HAVE AND LESSENNING POLLUTION. AND SO THAT'S WHAT WE HAVE WITH WHAT'S CALLED THE CITY'S GREEN GARDENING PROGRAM. THIS IS ONE EFFORT TO DO THAT THROUGH ENCOURAGING FOLKS TO USE TEXAS -- TEXAS NATIVE PLANTS, WHICH NEED LESS IRRIGATION AND LESS IF ANY CHEMICALS. AND SO THE MORE PEOPLE WILL USE THESE METHODS OF -- OF GARDENNING, THE LESS POLLUTION THERE'S GOING TO BE AND THE MORE WE WILL HAVE A TRUE TEXAS LANDSCAPES. SO A FEW MONTHS AGO I PROPOSED THIS PROGRAM ON THE COUNCIL DIAS AND LAID IT ON TOP OF AN ALREADY VERY HEAVY WORKLOAD THAT OUR CITY STAFF AND THOSE DEPARTMENTS HAD. BUT THEY HAVE JUST RESPONDED INCREDIBLY WITH GREAT ENTHUSIASM AND WITH GREAT, GREAT RESULTS AND YOU CAN SEE SOME OF THOSE RESULTS NOW AT THE ZILKER GARDEN CENTER. BECAUSE ONE THING THAT WE HAVE HEARD IS THAT THE FOLKS SAY, WELL, WHAT -- HOW IS IT GOING TO LOOK IF I TURN MY YARD INTO -- USE NATIVE PLANTS. ANY TIME THAT YOU ARE TALKING ABOUT PEOPLE'S YARDS, YOU GET INTO A LITTLE CONTROVERSY, THAT'S NOT EVEN CLOSE TO HOME, THAT'S AT HOME. BUT NOW FOLKS CAN GO DOWN THERE, NINE GARDENS JUST DEDICATED THE OTHER DAY, WE HAD ALL DONE BY VOLUNTEERS FROM IN THE COMMUNITY, HAD A REALLY GOOD TIME AT IT. VERY ENTHUSIASTIC. VERY PUBLIC SPIRITED ABOUT IT. SO YOU CAN GO OVER TO THE ZILKER GARDEN CENTER AND LOOK AT THOSE ANY TIME NOW FROM HERE ON OUT. NOT GOING TO USE ANY CHEMICALS ON THEM. NEED VERY LITTLE IRRIGATION. SO HERE -- AND THE PEOPLE THAT I HAVE SAID BEFORE THAT REALLY COME THROUGH ON THIS, I WANT TO REPEAT IT AGAIN, -- TO CITY STAFF. WE HAVE HERE TODAY TO ACCEPT THIS DECLARING THIS GREEN GARDEN, AUSTIN'S GREEN GARDEN DAY, AND SAYS A LOT OF THINGS THAT I HAVE ALREADY SAID, I WON'T READ THE WHOLE THING, BUT SIGNED BY MAYOR GUS GARCIA, NOVEMBER 29TH, 2001, AS AUSTIN'S GREEN GARDEN DAY. HERE TO ACCEPT IT IS ONE OF THE LEADERS OF THIS EFFORT ON THE CITY'S STAFF, REALLY DONE A FABULOUS JOB, I REALLY APPRECIATE IT, KATHY SCHECK.

THANK YOU, I'M PLEASED TO ACCEPT THIS ON BEHALF OF THE SIX CITY DEPARTMENTS WHO HAVE PARTICIPATED AND VERY MANY VOLUNTEERS WHO HAVE BEEN GIVING GREAT ENTHUSIASM AND GREAT ENJOYMENT TO THE PROJECT. THANK YOU ALL. [ APPLAUSE ]

GOODMAN: SO THE MAYOR IS NOT YET BACK, BUT WHAT WE CAN DO IS BEGIN WITH THE PUBLIC HEARINGS THAT WE ARE A LITTLE LATE ON STARTING AND GO TO THE ACTION ITEMS LATER AFTER THE MAYOR IS WITH US AGAIN. SO IF STAFF IS READY, OUR 6:00 P.M. PUBLIC HEARINGS BEGIN WITH NUMBER 68, WHICH IS TO CONDUCT A PUBLIC HEARING TO CONSIDER TWO APPEALS OF THE ZONING AND PLATTING COMMISSION'S DECISION TO DENY AN APPEAL OF ADMINISTRATIVE APPROVAL FOR INDEPENDENCE PARK CONDOMINIUMS. THAT SITE IS LOCATED AT 6100 SMACK -- MANCHACA ROAD, FILE NUMBER SP-00 -- SP MEANS SITE PLAN, 00-2489CR. THE FIRST APPEAL IS BEING MADE BY JOAN HILBIG, CHRIS BUTLER AND CHERRY CREEK SOUTHWEST NEIGHBORHOOD ASSOCIATION AS INTERESTED PARTIES. THE SECOND AND SEPARATE APPEAL IS BEING MADE BY HUGH MOORE, INTERESTED PARTY. AND THE CITY STAFF IS TRANN LACKEY WHO WORKED ON THIS. WHAT I WILL DO NOW IS TURN IT OVER TO CITY LEGAL TO TELL US WHAT THE PROCEDURE IS PRECISELY FOR HEARING AN APPEAL OF THIS TYPE

I BELIEVE THAT THIS IS THE ITEM THAT'S BEING POSTPONED TO JANUARY THE 17TH. IS THAT NOT CORRECT, MR. LACKEY?

YES, MA'AM, IT IS.

GOODMAN: OH, OKAY. TRANN LACKEY WATERSHED PROTECTION

GOODMAN: THAT'S AN EASY ONE, OKAY. THEN -- WELL, COULD I ASK THE REASON FOR THE POSTPONEMENT?

THE APPLICANT'S CLIENTS ARE -- THE APPLICANT'S AGENT SAID THAT THEIR CLIENT IS NOT ABLE TO BE HERE

GOODMAN: OH, OKAY.

AND I JUST WANTED TO BE SURE THAT I HEARD THAT CORRECTLY. THE DATE THAT I HAD WAS THE 17TH, JANUARY THE 17TH?

THAT IS THE DATE THAT I HAD. I WAS RELYING ON THE ANNOUNCEMENTS THIS MORNING. IS THE 17TH THE CORRECT DATE

YES, I BELIEVE THAT IT IS. THERE IT IS A COPY OF THE LETTER IN THE BACKUP, TOO.

GOODMAN: OKAY. SO, COUNCIL, WE CAN POSTPONE ITEM NO. 68 AND ITEM NO. 75, WHICH IS THE ACTION ITEM TO JANUARY THE 17TH IF THERE'S A MOTION TO THAT EFFECT.

WYNN: SO MOVE.

GRIFFITH: SECOND.

GOODMAN: A MOTION BY COUNCILMEMBER WYNN, SECONDED BY COUNCILMEMBER GRIFFITH. TO POSTPONE THE APPEAL OF THE APPEAL TO JANUARY 17TH, ALL THOSE IN FAVOR PLEASE SAY AYE.

AYE.

OKAY. OUR SECOND PUBLIC HEARING IS ON THE AUSTIN DOWNTOWN PUBLIC -- EXCUSE ME -- IMPROVEMENT DISTRICT, 2002 ASSESSMENTS. THE PROPOSED 2002 ASSESSMENT RATE IS 10 CENTS PER $100 VALUATION, ESTIMATED TO PRODUCE $1,432,792 AT A 96% COLLECTION RATE. DO WE HAVE A -- A PRESENTATION?

IT WOULD BE MR. CRIEDER FROM THE STAFF.

GOOD EVENING, COUNCIL AND MAYOR PRO TEM. DAVE CRIEDER, REDEVELOPMENT SERVICES. IF YOU RECALL, WE TOOK SEVERAL ACTIONS ON NOVEMBER 8TH TO APPROVE THE DOWNTOWN AUSTIN ALLIANCE SERVICE PLAN AND BUDGET AND SET THE PRELIMINARY ASSESSMENT RATE AND APPROVE THE PRELIMINARY ASSESSMENT ROLE. THIS IS THE REQUIRED PUBLIC HEARING FOR PROPERTY OWNERS WITHIN THE PID AREA TO OBTAIN INFORMATION OR RAISE QUESTIONS ABOUT THEIR ASSESSMENT. AFTER THE PUBLIC HEARING, THERE'S AN ORDINANCE FOR YOU TO ADOPT THE ASSESSMENT RATE. AND LEVEE THE ASSESSMENTS AND ITEM NO. 77 IS A BUDGET AMENDMENT TO CREATE A SPECIAL REVENUE FUND FOR THE PID. I WOULD BE GLAD TO ANSWER ANY QUESTIONS.

GOODMAN: ARE THERE ANY QUESTIONS? FOR MR. CRIEDER? OKAY. LET ME GO OVER AND SEE IF THERE ARE CARDS. I DON'T SHOW ANY CARDS FOR ANYONE SIGNED UP ON ITEM NO. 69. WAS ANYONE HERE TO SPEAK ON THE DOWNTOWN ASSESSMENT? PROPERTY ASSESSMENT? NO. ABSOLUTELY NOBODY HERE TO SPEAK ON THAT. OKAY. THEN, COUNCIL, WE CAN CLOSE THE PUBLIC HEARING.

SO MOVE.

GOODMAN: THERE IS A MOTION BY COMOG, SECONDED BY COUNCILMEMBER? WYNN, WAS IT?

WYNN: SURE. MOTION BY COUNCILMEMBER GRIFFITH. ALL THOSE IN FAVOR PLEASE SAY AYE AYE AYE

GOODMAN: THE ACTION ITEMS LATER THAT WE WILL TAKE ARE 76 AND 77. ITEM NO. 70 IS TO CONDUCT A PUBLIC HEARING ON AN ORDINANCE AMENDING APPENDIX CHAPTER 13 OF THE 1994 UNIFORM BUILDING CODE TO ADOPT THE 2000 INTERNATIONAL ENERGY CONSERVATION CODE AND LOCAL AMENDMENTS. THAT IS RECOMMENDED TO US BY THE BUILDING AND FIRE CODE BOARD.

MAYOR PRO TEM, COUNCILMEMBERS, GOOD EVENING. THIS IS BASICALLY AN UPGRADE FROM THE 1994 ENERGY CODE TO THE 2000 ENERGY CODE. THERE'S REALLY NOTHING, IT'S JUST AN UPGRADE, BASICALLY. IF YOU HAVE ANY QUESTIONS, I WOULD BE MORE THAN GLAD TO ENTERTAIN ANY. IT WAS APPROVED BY ALL OF THE STAKEHOLDERS.

GOODMAN: OKAY, THANK YOU. I HAVE NO CARDS FOR ANYBODY SIGNED UP ON ITEM NO. 70. A PUBLIC HEARING ON THE UNIFORM BUILDING CODE. IS ANYBODY HERE WHO WANTED TO SPEAK ON THAT ITEM? THE UNIFORM BUILDING CODE. OKAY. THEN WE CAN CLOSE THAT PUBLIC HEARING UNLESS --

SO MOVE

SECOND.

GOODMAN: THERE'S A MOTION BY COUNCILMEMBER WYNN, SECONDED BY COUNCILMEMBER GRIFFITH. ALL THOSE IN FAVOR PLEASE SAY AYE. AYE AYE

GOODMAN: AND THE ACTION ITEM LATER, EXCUSE ME AGAIN IS 78. ITEM NO. 71 IS TO CONDUCT A PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING SECTION 25-1-46 OF THE CITY CODE REGARDING THE JURISDICTION OF THE PLANNING COMMISSION OVER LAND DEVELOPMENT APPLICATIONS IN AREAS UNDER CONSIDERATION FOR A NEIGHBORHOOD PLAN. THIS IS RECOMMENDED BY THE PLANNING COMMISSION. AND WHAT WE HAVE AS AN ORDINANCE BEFORE US, I'M NOT SURE IF EVERYBODY, IF ALL INTERESTED PARTIES HAVE READ THAT. BUT -- BUT MS. TERRY, WOULD YOU GIVE US AN OVERVIEW OF WHAT THE ORDINANCE SAYS AT THE MOMENT

YES, MA'AM, MARTHA TERRY, ASSISTANT CITY ATTORNEY. THE ORDINANCE THAT YOU HAVE BEFORE YOU IS AN ORDINANCE THAT WAS CREATED TO ADDRESS THE SITUATION IN WHICH THE COUNCIL HAS CHANGED THE MANNER IN WHICH IT HAS -- WHICH IT IS CONSIDERING NEIGHBORHOOD PLANS AND THE ASSOCIATED ZONING. ORIGINALLY WHEN THE NEIGHBORHOOD PLAN CODE AMENDMENTS WERE ADOPTED, THE PROCESS AT THAT TIME ENVISIONED A TWO STEP PROCESS IN WHICH THE COUNCIL WOULD FIRST CONSIDER THE PLAN AND THEN AFTER THE PLAN WAS ADOPTED THEN THE STAFF WOULD THEN BRING BACK THE ASSOCIATED ZONING ORDINANCE. THAT PROCESS HAS CHANGED IN THAT IT IS NOW -- WE HAVE -- AFTER WORKING THROUGH A NUMBER OF THESE, THE -- THE WAY WE ARE HANDLING THEM NOW IS THAT WE WOULD LIKE TO BRING THEM BOTH FORWARD AT THE SAME TIME. WHEN THE COUNCIL DECIDED TO SPLIT THE JURISDICTION BETWEEN THE PLANNING COMMISSION AND THE ZONING AND PLATTING COMMISSION, OVER MATTERS INVOLVING ZONING, THAT -- THAT SPLIT AND THAT CODE CHANGE WAS BASED ON THE OLD PROCESS OF HANDLING PLANS AND ZONING DISTRICTS. WHAT HAPPENED THEN IS WHEN THE COUNCIL DECIDED TO GO OR WHEN MANAGEMENT DECIDED TO -- TO COMBINE THE PROCESS AND BRING THE -- THE ZONING ASSOCIATED WITH PLANS TOGETHER FORWARD WITH -- TOGETHER AT THE SAME TIME TO COUNCIL, WHAT WE WOUND UP WITH WAS -- WAS ONE COMMISSION CONSIDERING THE PLAN AND YET THE ZONING AND PLATTING COMMISSION CONSIDERING THE ACTUAL ZONING THAT WENT ALONG WITH IT. BECAUSE OF THE -- OF THE HIATUS BETWEEN THE PROCESS. SO TO CORRECT THAT, WE BROUGHT FORWARD AN ORDINANCE WHICH CHANGED IT SO THAT THE PLANNING COMMISSION WHO WOULD BE CONSIDERING NEIGHBORHOOD PLANS, WOULD BE THE PLANNING COMMISSION THAT WOULD ALSO CONSIDER THE ZONING ASSOCIATED WITH THE NEIGHBORHOOD PLANS. AND THE ZONING AND PLATTING COMMISSION WOULD DO OTHER ZONING MATTERS. WHEN WE BROUGHT THAT ORDINANCE TO THE COUNCIL LAST TIME, COUNCIL EXPRESSED A DESIRE TO HAVE ZONING AND PLATTING COMMISSION REVIEW THIS. ALSO THE DESIRE WAS SUPPRESSED -- EXPRESSED AT THAT TIME TO HAVE THE ROBERT MUELLER AIRPORT AREA AND THE DOWNTOWN AREA PLACED WITHIN THE JURISDICTION OF THE PLANNING COMMISSION. THE STAFF WENT BACK AND DRAFTED THOSE CHANGES AND TOOK IT TO ZONING AND PLATTING COMMISSION AND AS A RESULT THE ZONING AND PLATTING COMMISSION MADE SOME RECOMMENDATIONS. THEY -- THEY APPROVED THE CHANGE WHERE THE ROBERT MUTUAL AIRPORT WOULD BE CONSIDERED BY THE PLANNING COMMISSION, BUT THEY HAD CONCERNS OVER THE DOWNTOWN AREA BEING CONSIDERED BY THE PLANNING COMMISSION. BASED ON THAT, WE HAVE BROUGHT YET ANOTHER ORDINANCE BACK TO YOU. AND IN THIS PARTICULAR ORDINANCE THE WAY THE DOWNTOWN AREA IS HANDLED IS THAT THERE IS A LIAISON COMMITTEE OF THE PLANNING COMMISSION AND THE ZONING AND PLATTING COMMISSION ESTABLISHED, THE CHAIR OF EACH COMMISSION APPOINTS TWO COMMISSION MEMBERS TO SERVE ON THE COMMITTEE AND THEN THE COMMITTEE MEETS REGULARLY TO EXCHANGE INFORMATION RELATING TO THE COMMISSIONS AND MAKE RECOMMENDATIONS CONCERNING NOT -- THE ACTIVITIES OF THE TWO COMMISSIONS, BUT ALSO REVIEW AND MAKE RECOMMENDATION OF A LAND USE COMMISSION FOR THE DOWNTOWN AREA. AND I WILL REMIND THE COUNCIL THAT THE DOWNTOWN AREA IS AN AREA BOUNDED ON THE EAST BY I-35, ON THE SOUTH BY TOWN LAKE, ON THE WEST BY LAMAR BOULEVARD AND ON THE NORTH BY 15TH STREET FROM LAMAR BOULEVARD TO WEST AVENUE AND BY WEST AVENUE TO -- FROM 15TH STREET TO MARTIN -- MARTIN LUTHER KING, JR. BOULEVARD AND SO ON. WE BROUGHT THAT, WE HAVE BROUGHT THAT CHANGE BACK TO YOU AS A RESULT OF THE PLATTING AND -- OF THE ZONING AND PLATTING COMMISSION CONCERNS AND AT THE REQUEST OF THE MAYOR PRO TEM. ONE OTHER ITEM THAT I WANT TO BRING TO YOUR ATTENTION THAT THIS ORDINANCE DOES AND THAT IS THAT IT VALIDATES THE ACTS OF THE PLANNING COMMISSION TAKEN BEFORE THE EFFECTIVE DATE OF THIS ORDINANCE IN ASSUMING JURISDICTION OF LAND USE -- OF THE LAND USE COMMISSION OVER MAKING RECOMMENDATIONS IN CERTAIN NEIGHBORHOOD PLANS. SO THE ORDINANCE IS DESIGNED TO ADDRESS THE CORRECTIONS, THE ADDITIONAL CHANGES REQUESTED CONCERNING ROBERT MUELLER AIRPORT AREA AND THE DOWNTOWN AREA AND TO VALIDATE THE ACTIONS OF THE PLANNING COMMISSION IN CONSIDERING CERTAIN PLANS THAT HAVE ALREADY -- ZONING ASSOCIATED WITH CERTAIN PLANS. I AM READY TO ANSWER ANY QUESTIONS THAT YOU HAVE. I REALIZE THAT WAS RATHER COMPLICATED. [ONE MOMENT PLEASE FOR CHANGE INNO CARRIERRINGCONNECT 1200c

> THE STAFF WILL RECOMMEND IT AND THE COUNCIL DESIGNATES IT.

GOODMAN: OH, OKAY. BUT WE'LL PROBABLY JUST TAKE STAFF'S RECOMMENDATION, LIKE WE ALWAYS DO.

YEAH. [LAUGHTER].

GOODMAN:, NOW ANY ZONING OR LAND USE CASE OR LAND USE ISSUE AFTER THAT DESIGNATION FROM WITHIN THOSE DESIGNATED BOUNDARIES WOULD THEN GO TO THE PLANNING COMMISSION?

YES, MA'AM.

GOODMAN: AND ANY ZONING OR LAND USE ISSUES IN PROGRESS ON THEIR WAY TO THE ZONING AND PLATTING COMMISSION BEFORE SUCH DESIGNATION WOULD CONTINUE TO GO ON TO THE ZONING AND PLATTING COMMISSION.

YES, MA'AM.

GOODMAN: OKAY. SO THOSE ARE MY CLARIFICATIONS. THIS PARTICULAR DRAFT OF THE ORDINANCE, AND I KNOW WE'RE GOING TO TALK ABOUT -- AND BEFORE WE GO ON TO CITIZEN COMMENT MAY REQUIRE SOME QUESTIONS FROM OTHER COUNCILMEMBERS, SO COUNCILMEMBER WYNN.

WYNN: THANK YOU MAYOR PRO TEM. EXPLAIN AGAIN ON THE DOWNTOWN PIECE OF IT. THE LIAISON COMMITTEE OF FOUR MEMBERS FIRST HEARS A ZONING CASE?

THE LIAISON COMMITTEE WILL CONSIDER THE DOWNTOWN AREA, BUT THE PLANNING COMMISSION IS THE -- IT WILL MAKE THE RECOMMENDATIONS GOING FORWARD.

GOODMAN: ON DOWNTOWN? ZONING AND PLATTING, I THOUGHT. AND MILLER WITH PLANNING.

OKAY. THE ZONING AND PLATTING. I HAD TO GET THE REAL LAWYER UP HERE TO TELL ME THAT.

WYNN: BUT CAN YOU EXPLAIN TO ME THE STEP THAT INVOLVES THE LIAISON COMMITTEE? IS THAT A -- I MEAN A PUBLIC HEARING? IS THAT --

YES, SIR.

WYNN: POSTED AGENDA?

YES, SIR.

WYNN: PRESUMABLY THE APPLICANT AND/OR, YOU KNOW, FOLKS IN OPPOSITION SHOW UP, TESTIFY.

YES, SIR.

WYNN: AND THEN -- AND SO WILL THIS LIAISON COMMITTEE THEN -- I MEAN IF THERE'S FOUR MEMBERS, ARE THEY GOING TO VOTE? AND IF THERE IS A VOTE, I CAN SEE A LOT OF 2-2 VOTES PERHAPS. WHAT IS THE RATIONALE --

THEY WILL FORWARD THEIR RECOMMENDATION TO ZONING AND PLATTING COMMISSION.

WYNN: SO THERE WILL JUST BE A TRIAL MEAUVO AFTER THIS LIAISON COMMITTEE? I GUESS I'M CURIOUS AS TO WHAT --

ALL RIGHT. I APOLOGIZE. LET ME BACK UP. IF YOU WILL TAKE A LOOK AT PAGE 2 UNDER -- OF THE ORDINANCE, THE SECTION THAT ADDRESSES IT IS SUBSECTION F. AND THE COMMITTEE REVIEWS AND MAKES RECOMMENDATION OVER -- TO THE LAND USE COMMISSION FOR EACH MATTER OVER WHICH LAND USE COMMISSION HAS JURISDICTION. SO IT'S GOING TO REVIEW AND IT'S GOING TO MAKE A RECOMMENDATION TO THE LAND USE COMMISSION OVER THE MATTERS IN THAT -- THAT AREA. NOW, THERE IS A SPECIFIC PROVISION UNDER THERE THAT NOTICE OF A MEETING TO AN INDIVIDUAL ORGANIZATION IS NOT REQUIRED AND A PUBLIC HEARING IS NOT REQUIRED. BUT THE COMMITTEE SHALL ACT PROMPTLY, AND THE LAND USE COMMISSION MAY ACTUALLY ACT -- YOU WILL SEE IN SUBSECTION C, WITHOUT RECEIVING AGO RECOMMENDATION FROM THE COMMITTEE. BUT IF THAT SUBCOMMITTEE DESIRES TO MAKE A RECOMMENDATION, IT CAN MAKE THAT RECOMMENDATION AND IT WILL GO FORWARD TO THE LAND USE COMMISSION.

WYNN: IF THERE IS NO NOTICE PROVISION -- I JUST SEE SOME -- INCONSISTENCY IN --

YOUR FUNDAMENTAL PUBLIC HEARING IS GOING TO BE HAD BEFORE ZONING AND PLATTING. OKAY? THAT HEARING IS GOING TO BE HAD BEFORE ZONING AND PLATTING. WHAT THE PROVISIONS CONCERNING NOTICE UNDER THIS SECTION IS IS THAT IT IS NOT REQUIRED, AND THE PUBLIC HEARING IS NOT REQUIRED. WHAT THAT MEANS IS THE MEETING IS STILL AN OPEN MEETING, AND THERE MAY BE AN OPPORTUNITY TO PROVIDE NOTICE AND A DECISION MAY BE MADE TO PROVIDE NOTICE, BUT PUBLIC HEARING IN THE SENSE -- IF YOU WILL RECALL UNDER THE LOCAL GOVERNMENT CODE, THERE IS SPECIFIC PROVISIONS CONCERNING WHEN A PUBLIC HEARING IS REQUIRED AND WHEN ONE IS NOT. THIS COUNCIL HAS OPTED IN GOING THROUGH OPEN -- IN CONDUCTING ITS MEETINGS, WHEN IT HOLDS AN OPEN MEETING, UNDER ZONING MATTERS, YOU KNOW, WE SPECIFICALLY POST FOR A PUBLIC HEARING. AND THAT IS BECAUSE THE LOCAL GOVERNMENT CODE REQUIRES THAT. THIS COUNCIL HAS ALWAYS, FOR EXAMPLE, ALLOWED PUBLIC INPUT EVEN ON MATTERS THAT A PUBLIC HEARING IS NOT REQUIRED TO BE HELD. WHEN PEOPLE SIGN UP, YOU ALL GRACIOUSLY ALLOW THEM THREE MINUTES TO SPEAK. THAT IS NOT REQUIRED BY THE OPEN MEETINGS ACT. THE OPEN MEETINGS ACT REQUIRES YOUR DELIBERATIONSES TO BE IN PUBLIC, BUT IT DOESN'T NECESSARILY REQUIRE TO YOU TAKE COMMENT ON MATTERS WHERE A PUBLIC HEARING IS NOT REQUIRED. SO WHAT I WANT TO -- AND I NEED TO BE VERY CAREFUL BECAUSE WHEN I WAS RESPONDING TO YOUR QUESTIONS, WHAT I WAS THINKING WAS OPEN MEETINGS ACT. WE DO REQUIRE OUR SUBCOMMITTEES TO OPERATE UNDER THE OPEN MEETINGS ACT. WE REQUIRE OUR BOARDS AND COMMISSIONS TO OPERATE UNDER AN OPEN MEETINGS ACT. BUT THE TERM "PUBLIC HEARING" IS A WORD OF ART, AND THAT MEANS LITTLE NOT A PUBLIC HEARING IN THE SENSE OF A LOCAL GOVERNMENT CODE REQUIREMENT OF A PUBLIC HEARING IN THE SENSE OF A LOCAL GOVERNMENT CODE REQUIREMENT OF PUBLIC HEARING BEFORE THE ZONING AND PLATTING COMMISSION. SO WHEN WE'RE TALKING ABOUT A PUBLIC HEARING, THAT PUBLIC HEARING WILL TAKE PLACE AT THE ZONING AND PLATTING COMMISSION. BUT THE SUBCOMMITTEE MEETINGS WILL BE OPEN MEETINGS IN WHICH PEOPLE WILL BE ALLOWED TO PARTICIPATE SIMPLY BECAUSE THAT'S WHAT THE SUBCOMMITTEES ALLOW PEOPLE TO PARTICIPATE, THEY OFTEN TAKE PUBLIC COMMENT. AND THIS PROVISION ON NOTICE TO AN INDIVIDUAL, WHAT THAT MEANS IS THAT WE'RE NOT REQUIRING NOTICE LIKE WE DO WHEN WE HAVE ZONING CASES. BUT THAT DOESN'T MEAN THAT THE -- THAT IT CANNOT BE DONE OR THAT IT IS A PROHIBITION AGAINST PROVIDING PUBLIC NOTICE. IT JUST SIMPLY MEANS THAT IT'S NOT ABSOLUTELY REQUIRED BECAUSE THE NOTICE WILL GO OUT FOR THE HEARING AT THE ZONING AND PLATTING COMMISSION. I HOPE I HAVEN'T TOTALLY CONFUSED YOU. AND I APOLOGIZE FOR, YOU KNOW, I NEED TO BE VERY CAREFUL ABOUT DISTINGUISHING BETWEEN OPEN MEETINGS AND THE PUBLIC HEARING REQUIREMENT. AND THE NOTICE REQUIREMENTS THAT WE GO THROUGH FOR OPEN MEETINGS IS DIFFERENT THAN THE NOTICE REQUIREMENTS THAT WE GO THROUGH WHEN WE HAVE ZONING CASES AND NOTICE TO INDIVIDUALS. SO YOU ARE ABSOLUTELY CORRECT THAT WHEN THE SUBCOMMITTEE MEETS, THERE IS NOT A PUBLIC HEARING REQUIREMENT AND THERE IS NOT THAT INDIVIDUAL ZONING NOTICE REQUIREMENT THAT. ALL TAKES PLACE AT THE ZONING AND PLATTING COMMISSION LEVEL. BUT FOLKS CAN COME AND PARTICIPATE IN THE OPEN MEETINGS -- IN THE SUBCOMMITTEES.

GOODMAN: AND IF I CAN FOLLOW UP ON THAT, THAT'S PRETTY TYPICAL BECAUSE THE SUBCOMMITTEE ITSELF IS NOT GOING TO BE MAKING THE FINAL DECISION SO YOU WOULDN'T NEED NOTIFICATION FROM THERE. THEY ARE PUBLICLY POSTED THOUGH. AND THE NOTIFICATION WILL HAVE ALREADY GONE OUT TO THE ACTUAL PROPERTY OWNERS BECAUSE IT IS IN THE PROCESS OF GOING TO A COMMISSION FOR A FINAL RECOMMENDATION TO COUNCIL. WHAT YOU COULD DO IS EXPAND THE INFORMATION THAT YOU PUT ON THE NOTICE SO THAT IN ADDITION TO ALL THE LEGAL INFORMATION THAT YOU PUT THERE FOR PROPERTY OWNERS TO KNOW WHAT THE PROCESS IS THAT'S BEING PROPOSED AND THE SCHEDULE THAT WILL GO TO THE PLANNING COMMISSION OR ZONING AND PLATTING COMMISSION, DEPENDING, YOU CAN ALSO, IF YOU KNOW IT, PUT DOWN THE DATE AND TIME OF THE SUBCOMMITTEE MEETING AS WELL. THERE'S NO PROHIBITION TO HAVING PUBLIC INPUT AT ANY SUBCOMMITTEE MEETING.

AND IN FACT, SUBSECTIONS B AND C ADDRESS THE VERY ISSUES -- OF NOT GETTING IN THE WAY OF THE NOTICE PROCESS OR THE PROCESS THAT IS ALREADY UNDERWAY BECAUSE THE COMMITTEE IS DIRECTED TO ACT PROMPTLY TO AVOID INTERFERENCE WITH PROCEDURAL REQUIREMENTS OF THE CODE AND THE LAW, WHICH WOULD BE NOTICING AND, YOU KNOW, THE SETTING OF THE MEETINGS. AND SETTING OF THE MEETINGS IN SUCH A MATTER AS TO FRUSTRATE THE LAND USE COMMISSION'S DECISION, AND IN FACT C THEN SAYS THAT THE LAND USE COMMISSION CAN GO ON AHEAD AND ACT WITHOUT A RECOMMENDATION FROM THE SUBCOMMITTEE. MEANING THAT WE'RE NOT GOING TO SLOW THE TRAIN DOWN, AND I'M SORRY, THAT'S NOT AN APPROPRIATE ANALOGY. WE'RE NOT GOING TO ALLOW THE SUBCOMMITTEE TO MESS UP THE PROCESS. OFISCATE. WE'RE NOT GOING TO LET THAT SUBCOMMITTEE SERVE AS A BLOCK SO THAT THE LAND USE COMMISSION CAN NEVER HEAR THESE CASES.

WYNN: OKAY, WELL, YOU DIDN'T CONFUSE ME ON THE DIFFERENCE BETWEEN THE OPEN MEETINGS AND THIS. WHAT -- WHAT I DO HAVE PAUSE ABOUT FRANKLY IS I WAS PREPARED TO DEBATE THE ISSUE OF JURISDICTION OF WHETHER, SAY, A DOWNTOWN ZONING PROJECT GOES TO EITHER ZAP OR PLANNING COMMISSION. NOW AFTER HEARING THIS, REGARDLESS OF WHICH JURISDICTION WE CHOOSE OR THAT I PERSONALLY WOULD SUPPORT, FRANKLY I HAVE A LITTLE CONCERN NOW LISTENING TO THE -- SORT OF THE HYBRID POSSIBILITY OF THE LIAISON COMMITTEE IN THAT, YOU KNOW, YES, THERE WILL BE NOTICE, NO, IT WON'T BE A TRUE -- OFTENTIMES WON'T BE A TRUE HEARING. YOU KNOW, OFTENTIMES OUT OF THE ZAP OR THE PLANNING COMMISSION CAN TAKE ACTION WITHOUT A RECOMMENDATION. SO THE PROCESS OF SOMETIMES WE'LL BE VERY FORMAL, SOMETIMES APPLICANTS AND/OR OPPONENTS WILL FEEL A NEED TO BE THERE, SOMETIMES THEY WON'T FEEL A NEED TO BE THERE, THERE WILL AB DISPROPORTIONATE AND INCONSISTENT DELIVERY, YOU KNOW, OF THAT RECOMMENDATION, YOU KNOW, AT TIMES TO EITHER ZAP OR PLANNING COMMISSION. I'LL RESERVE THE REST OF MY COMMENTS. I WOULD LIKE TO HEAR FROM THE PUBLIC IF ANYBODY HAS COME TO SPEAK ABOUT THIS, BUT I GUESS I'M PREPARED TO DEBATE THE JURISDICTIONAL ISSUE, I'M A LITTLE LEERY THAT REGARDLESS OF WHAT JURISDICTION WE CHOOSE THAT THERE IS THIS OTHER, YOU KNOW, SOMEWHAT ILL-DEFINED PRE-STEP. BUT I'LL YIELD AND HOPEFULLY GET SOME CITIZEN INPUT.

GOODMAN: MAYOR, SINCE THERE ARE SOME PEOPLE TO SPEAK, BUT SINCE I THINK I NEED TO OFFER THE INSIGHT THAT GENERATED THIS POSSIBILITY AS THE SUBCOMMITTEE, COULD I EXPLAIN THAT REAL QUICK? BECAUSE BOTH COMMISSIONS WANTED DOWNTOWN ISSUES, THE FACT THAT AN EXISTING LIAISON SUBCOMMITTEE, A JOINT SUBCOMMITTEE EXISTED SEEMED LIKE IT MIGHT BE THE POSSIBLE MECHANISM FOR FOLKS FROM BOTH COMMISSIONS TO HAVE A PRESENTATION ON ANY DOWNTOWN PROPOSAL BEFORE IT WENT TO ONE COMMISSION OR THE OTHER AND WAS THEN IN JURISDICTION FOR FINAL RECOMMENDATION. SO WHETHER THE SUBCOMMITTEE CHOOSES TO HEAR AND MAKE A RECOMMENDATION IS STRICTLY THE -- THE INCLINATION OF THOSE WHO ARE ON THOSE SUBCOMMITTEES. GIVEN THE INTEREST THAT BOTH COMMISSIONS HAD, IT DIDN'T OCCUR TO ME ANYBODY WOULD BLOW THIS OFF ACTUALLY HAVING ASKED SO HARD EACH OF THEM FOR IT TO BE WITHIN THEIR JURISDICTION. SO I THOUGHT -- OR LEGAL WAS PREFERABLE TO HAVING RATHER THAN A NEW SUBCOMMITTEE THAT HAD SPECIFIC DUTIES AND MISSION TO USE THE EXISTING ONE THAT WAS WITHIN THE ORDINANCE ALREADY WHEN WE CREATED THE SECOND COMMISSION. SO IT WAS THE ABILITY THEN TO HAVE A PLACE WHERE YOU WOULD BE BOUND TO HAVE A PRESENTATION, A PUBLIC PRESENTATION BEFORE IT WENT TO THE FINAL EITHER PLANNING OR ZONING AND PLATTING COMMISSION SO THAT THERE WOULD BE TIME AND THERE WOULD BE THE ABILITY TO HAVE FOLKS FROM BOTH COMMISSIONS HAVE THEIR INPUT, DO THEIR ANALYSIS, AND SEND THOSE RECOMMENDATIONS AND COMMENTS TO BE CONSIDERED BY WHICHEVER COMMISSION IN THE END WAS GOING TO MAKE THE FINAL RECOMMENDATION. THANKS, MAYOR.

MAYOR GARCIA: LET ME SAY THAT I THINK ITEM 72 AND 74, WHICH IS A BLOOD PLASMA CENTER ITEM, 72, AND THE 24TH STREET ITEM, AS I UNDERSTAND IT, CITY MANAGER, WE WILL NOT BE TAKING UP THOSE TWO ITEMS TONIGHT. IS THAT CORRECT?

THE BLOOD PLASMA CENTER CASE, THAT APPLICATION HAS BEEN WITHDRAWN, WHICH RENDERS THE APPEAL MOOT, IT IS NOT BEFORE YOU THIS EVENING.

MAYOR GARCIA: SO IF YOU ARE HEAR ON ITEM 72, THAT ITEM WILL NOT BE HEARD TONIGHT. WHAT ABOUT 74?

THAT'S THE ACTION ITEM ASSOCIATED WITH IT.

MAYOR GARCIA: 74 AND THE ACTION ITEM ARE WHAT?

THE BLOOD PLASMA CENTER --.

MAYOR GARCIA: I'M TALKING ABOUT 74 AND 82.

THEY ARE POSTPONED INDEFINITELY. MS. GLASCO.

GLASGO: MARTY TERRY RESPONDED TO THE BLOOD PLASMA ITEM.

MAYOR GARCIA: NO, THE WEST 24TH STREET ITEM.

HAS THIS BEEN PULLED DOWN?

THIS HAS BEEN POSTPONED INDEFINITELY FOR ADDITIONAL STAFF REVIEW.

MAYOR GARCIA: SO IF YOU ARE HERE NOR ITEM 72 OR 74, THOSE ITEMS WILL NOT BE CONSIDERED TONIGHT.

GOODMAN: MAYOR, COULD I ASK --.

MAYOR GARCIA: MAYOR PRO TEM.

GOODMAN:.

GOODMAN: ON 73, ON THE -- WAIT. WHERE AM I? THE BLOOD PLASMA, 72. BY WITHDRAWN, DO WE MEAN WITHDRAWN FOREVER?

YES, THE APPLICATION ITSELF HAS BEEN WITHDRAWN.

GOODMAN: OKAY. THANK YOU.

MAYOR GARCIA: OKAY. BACK TO ITEM 71. WE HAVE SOME SPEAKERS. COUNCIL, DO YOU HAVE ANY MORE QUESTIONS FOR MS. TERRY OR FOR ANYBODY ON THE STAFF? OKAY. DAVID HARTMAN. ON ITEM 71. HE'S DONATING HIS TIME TO MR. MICHAEL WHEL LEN, BUT MR. WHELLAN DID NOT SUBMIT A CARD. UNLESS THERE IS ONE IN THERE. JEAN MATHER. WELCOME. HOW ARE YOU?

I SAID I DIDN'T TOPT SPEAK. I THOUGHT BETTY BAKER WOULD MAKE IT CLEAR.

MAYOR GARCIA: THAT'S RIGHT. YOU DON'T WISH TO SPEAK.

BUT NEVER MIND. I'M HERE. I GUESS HEARING ME -- HEARING THE PROPOSED AMENDMENTS, WHICH I DIDN'T KNOW ABOUT BEFORE THE MEETING. I AM SLIGHTLY ENCOURAGED, BUT OUR MAIN CONCERN WAS -- WELL, IN EFFECT, WE'RE NOW SEEING THAT DOWNTOWN HAS BEEN DECLARED A PLANNING AREA. IF THIS ORDINANCE GOES -- IF THIS CHANGE IN THE ORDINANCE GOES THROUGH. BECAUSE WE'RE SAYING THAT THE PLANNING COMMISSION WOULD DEAL WITH IT. BUT MY CONCERN FROM BEING ON THE DOWNTOWN COMMISSION FOR A LONG TIME IS THAT THEY ARE A LONG WAYS FROM BEING -- FROM CREATING A NEIGHBORHOOD PLAN. THEY HAVE PROBLEMS THAT DEAL WITH THE UNIVERSITY, WITH AISD, WITH -- NOT TO MENTION THE AD HOC THINGS THAT COME UP ON A REGULAR BASIS THAT THEY ARE VERY CONCERNED ABOUT AND WANT TO MOVE FORWARD ON. SO MY MAIN CONCERN IS THAT THE PLANNING COMMISSION, WHICH TAKES, AS YOU KNOW, ABOUT 18 MONTHS TO DEAL WITH A CASE, OFTEN LONGER THAN THAT, BUT I THINK THAT WITH THE MONEY THAT IS AT STAKE IN THE PROPOSED DEVELOPMENT, THINGS WOULD DIE BEFORE THEY COULD BE SOLVED BY THE PLANNING COMMISSION. I DO THINK IT'S VERY GOOD TO HAVE A LIAISON COMMITTEE, WHICH ACTUALLY WE'VE APPOINTED TWO PEOPLE, BUT THE PLANNING COMMISSION NEVER HAS. HAVE IT TALK ABOUT WHAT IS BEING PROPOSED, BUT I DON'T THINK THAT HELPS SPEED UP THE PROCESS. AND IT MAY SLOW IT DOWN. I DON'T THINK IT NECESSARILY WOULD SLOW IT DOWN, BUT IT CERTAINLY DOESN'T SPEED UP THE PROCESS, AND I DON'T SEE HOW THE PLANNING COMMISSION AND THE STAFF COULD MOVE ANY MORE EFFECTIVELY THAN ZAP ON HEARING THE PUBLIC COMMENT. ONE THING I AM CONFUSED ABOUT, WHEN A CASE STARTING -- AFTER THIS ORDINANCE IS APPROVED OR DISAPPROVED, WHATEVER, IF IT'S APPROVED, DOES THAT MEAN THAT ANYTHING THAT HAPPENS DOWNTOWN WILL THEN GO BEFORE THE PLANNING COMMISSION? BECAUSE I -- I WAS CONFUSED IN HEARING MARTY TERRY SAY THAT IT WOULD GO BEFORE ZAP. AND I DON'T KNOW ABOUT THAT. I CAN'T SEE HOW IT WOULD GO BEFORE ZAP BECAUSE WE'RE TALKING ABOUT CHANGING THE JURISDICTION OF THE TWO COMMISSIONS. WELL, YEAH, THAT'S --.

MAYOR GARCIA: THANK YOU.

THANK YOU.

GOODMAN: LET ME CLARIFY, IF I COULD.

MAYOR GARCIA: MAYOR PRO TEM.

GOODMAN: THE ORDINANCE IN FRONT OF US HAS IT GOING TO THE ZONING AND PLATTING COMMISSION. SO I BELIEVE YOU ARE IN FAVOR OF THAT. ARE YOU NOT? THAT'S WHAT THE ORDINANCE SAYS THAT'S IN FRONT OF US.

YES, THE LAWYER MADE A MISTAKE.

AND GEORGE CORRECTED ME, AND THIS, AS IT IS CURRENTLY STRUCTURED, IT GOES TO THE ZONING AND PLATTING COMMISSION. WITH THE INTERVENING SUBCOMMITTEE.

AND WHEN LAWYERS MAKE MISTAKES, THEY SOMETIMES HAVE TO SHOW THEIR CHRISTMAS SOCKS ON CAMERA. ALL RIGHT. OKAY.

GOODMAN: AND MS. CITY MANAGER, RELATIVE TO THE PLANNING COMMISSION NOT HAVING APPOINTED ITS REPRESENTATIVES TO THAT LIAISON COMMITTEE, JOINT SUBCOMMITTEE, THAT WASN'T AN OPTION. THAT WASN'T A VOLUNTARY THING. THAT WAS A STANDING MUST-MEET LIAISON COMMITTEE. SO I DON'T KNOW WHO I -- NEED TO TELL.

WE'LL FOLLOW UP ON THAT.

GOODMAN: THANK YOU.

MAYOR GARCIA: NEXT SPEAKER IS MS. BETTY BAKER, BUT SHE SAYS SHE IS HERE ONLY TO RESPOND TO QUESTIONS. SO DOES ANYBODY HAVE ANY QUESTIONS FOR CHAIRPERSON BAKER?

GRIFFITH: MAYOR, I THINK I WILL A LITTLE LATER.

MAYOR GARCIA: BETTY, IF YOU COULD COME UP. COUNCILMEMBER GRIFFITH HAS A QUESTION GRIG WE CAN DO IT NOW OR LATER.

MAYOR GARCIA: NOW IS A GOOD TIME.

GRIFFITH: NOW IS GOOD. LET'S GOVERNMENT THE SORT OF INTERIM COMMITTEE, THE THING THAT YOU AND I TALK ABOUT A LOT IS HOW TO STREAMLINE, HOW TO SPEED THINGS UP BECAUSE THAT'S WHAT WE HEAR SO MUCH FROM THE BUSINESS COMMUNITY AND APPLICANTS ABOUT IS COULD WE GET THROUGH HERE FASTER, PLEASE. WOULD YOU COMMENT ON TWO THINGS. ONE, THE IMPACT OF THE SPEED OR THE SLOWING DOWN OF THE PROPOSED INTERIM STEP COMMITTEE. AND ALSO THE -- THE ORDINANCE SAYS THAT THIS PROGRAM BEGINS ON THE EFFECTIVE DATE OF A COUNCIL RESOLUTION OR ORDINANCE DIRECTING THE PLANNING COMMISSION TO CONSIDER A NEIGHBORHOOD PLAN FOR A IDENTIFIED AREA. WHAT WOULD YOU THINK ABOUT BEGINNING THAT AFTER THE FIRST PUBLIC HEARING AT WHICH A NEIGHBORHOOD PLAN IS FORMALLY PRESENTED? WOULD THAT -- WOULD IT SPEED THINGS UP TO DO IT THAT WAY INSTEAD OF WHAT IS BEING PROPOSED NOW?

SINCE MS. TERRY IS HERE AND SHE ALWAYS MAKES PEOPLE IDENTIFY THEMSELVES BEFORE THE ZAP COMMISSION, I WILL SAY THAT I'M BETTY BAKER AND I WILL RESPOND TO YOUR QUESTION. ACTUALLY, COUNCILMEMBER, THE RESOLUTION PASSED BY ZAP INDICATED THEY FELT THAT THE APPLICATIONS FOR ZONING SHOULD GO TO THE PLANNING COMMISSION ONLY IF A PLAN, A NEIGHBORHOOD PLAN HAD BEEN FORMALLY PRESENTED. AND AFTER THAT DATE, ANY ZONING APPLICATION WITHIN THOSE BOUNDARIES WOULD GO TO THE PLANNING COMMISSION. THAT WAS THE RESOLUTION PASSED BY ZAP.

GRIFFITH: BUT IS THAT WHAT IS BEING PROPOSED NOW?

NO, MA'AM.

GRIFFITH: TELL ME ABOUT THE DIFFERENCES IN WHY YOUR ORGANIZATION THOUGHT IT WOULD BE BETTER DONE THE OTHER WAY. ESPECIALLY IN THE INTEREST OF SPEEDING STUFF UP.

WELL, I GUESS THE EASIEST WAY TO SAY IT WOULD BE THAT IN LOOKING OVER THE CHARTS THAT WE WERE GIVEN BY THE DEPARTMENT, THE NEIGHBORHOOD PLANS REQUIRE 9 TO 18 MONTHS. WE NOTICE THAT IN ONE OF THEM THERE WERE I THINK 22 PUBLIC HEARINGS ALONE FOR ONE NEIGHBORHOOD PLAN. THAT'S NOT RIGHT, THAT'S NOT WRONG. I'M JUST STATING IT AS A FACT. OBVIOUSLY BEFORE THE ZAP COMMISSION, SOMETIMES WE HAVE AS MANY AS FIVE AS FAR AS POSTPONEMENTS. BUT AS FAR AS PUBLIC HEARINGS, USUALLY THERE IS ONLY ONE OR PERHAPS DWO AND THE CASE IS ACTED UPON. CERTAINLY THERE IS AN EXPEDITIOUS ELEMENT THERE AND HOPEFULLY WE ARE EFFECTIVE AND WE'RE DOING A GOOD JOB. THE ORDINANCE, THE CODE MANDATES THAT A ZONING APPLICATION BE ACTED ON WITHIN SIX MONTHS. SO THAT'S THE -- THAT'S THE POSITION THAT ZAP IS IN, AND IT'S NOT THE POSITION THAT THE PLANNING COMMISSION IS. PLATTING COMMISSION WITHIN THEIR BOUNDARIES IS THERE AND REMAINS THERE UNTIL THE NEIGHBORHOOD PLAN IS ADOPTED ON -- ADOPTED OR WITHDRAWN. ADOPTED BY THE COUNCIL OR WITHDRAWN BY THE PLANNING COMMISSION. SO IT'S AN IN DETERMINEABLE PERIOD IN THAT REGARD.

GRIFFITH: AND INDETERMINEABLE IS WHAT WE'RE TRYING TO GET AWAY FROM, I BELIEVE.

I HOPE THAT'S WHAT THE COUNCIL IS ATTEMPTING TO DO.

GRIFFITH: YES, I THINK THAT'S TRUE. SO HOW COULD WE MODIFY WHAT IS BEFORE US RIGHT NOW TO ACCOMPLISH THE SPEEDING UP?

I HOPE YOU HAVE IN YOUR PACT THE RESOLUTION FROM THE ZONING AND PLATTING COMMISSION. -- PACKET.

MAYOR GARCIA: THE ONE THAT SAYS REVISED? I'M NOT SURE WHAT YOU HAVE, BUT-.

MAYOR GARCIA: THE ONE THAT HAS YOUR NOTES ON IT.

FOR NO. 1 IT WOULD -- A CASE WOULD BEGIN ON THE EFFECTIVE DATE AFTER THE FIRST PUBLIC HEARING AT WHICH THE NEIGHBORHOOD PLAN WAS FORMALLY PRESENTED BY THE PLANNING COMMISSION. THAT WAS BASICALLY THE ZAP COMMISSION'S RECOMMENDATION. AND THAT WOULD JUST TAKE IT TOTALLY OUT OF ZAP AND LEAVE IT THEN IN PLANNING COMMISSION UNTIL IT GOT TO COUNCIL. THAT STILL COULD BE INDETERMINEABLE, BUT IT WOULD GIVE PEOPLE AN OPPORTUNITY TO NOT GET CAUGHT IN THE PROCESS JUST IN CASE A CASE WAS PENDING. ZAP FELT THERE WOULD HAVE BEEN RESEARCH, POSITIONS TAKEN. SO IF A PLAN HAD BEEN FORMALIZED, THEN THE CASE SHOULD GO TO THE PLANNING COMMISSION.

GRIFFITH: AND WHAT ABOUT THE INTERIM COMMITTEE? IS THAT GOING TO BE --

I CAN'T SEE THAT THERE COULD BE ANY DELAY THERE AT ALL BECAUSE THE ZAP COMMISSION WOULD NOT EVEN HAVE TO HAVE A RECOMMENDATION FROM THAT COMMITTEE. BASED ON THIS ORDINANCE. THEY COULD ACT WITHOUT A RECOMMENDATION.

GRIFFITH: SO THE MODIFICATIONS YOU ARE SUGGESTING WOULD TAKE OUT THAT INTERIM --

NO, IT WOULD LEAVE IT IN.

GRIFFITH: IT WOULD LEAVE IT IN.

YES. IT COULD GO TO THE COMMITTEE, AS THE LIAISON COMMITTEE IS SET OUT IN ITEM 2. IF YOU NOTICE ITEM B, IT SAYS THE COMMITTEE SHALL ACT PROMPTLY. IT SAYS THE COMMISSION MAY ACT WITHOUT RECEIVING A COMMITTEE RECOMMENDATION. THIS WOULD NOT DELAY. IT WOULD GIVE THE OPPORTUNITY, COUNCILMEMBER, FOR YOU TO HAVE INPUT FROM BOTH THE PLANNING COMMISSION AND ZAP. SO YOU HAVE SEVERAL LONG RANGE, A VISIONARY VIEW FROM THE PLANNING COMMISSION. YOU HAVE AN IMMEDIATE REACTION, WHAT IS GOING ON FROM THE ZAP, SO YOU HAVE A VERY DIVERSE POSITION.

GRIFFITH: YOU ARE SAYING YOU DON'T HAVE TO WAIT ON THAT.

NOT BASED ON THIS ORDINANCE. IF I'M READING IT CORRECTLY.

GRIFFITH: IS THAT TRUE THAT YOU WOULDN'T HAVE TO WAIT ON IT?

THAT'S CORRECT. UNDER SUBSECTION FC, THE LAND USE COMMISSION MAY ACT WITHOUT RECEIVE AGO RECOMMENDATION FROM THE COMMITTEE. AS I WAS INDICATING EARLIER, THAT IS SO THAT THE SUBCOMMITTEE CANNOT ACT AS A BOTTLENECK. BECAUSE IF YOU WILL RECALL, THE COMMITTEE IS -- HAS TWO COMMISSION MEMBERS FROM EACH COMMISSION. ONE OF THE THINGS WENT TO AVOID, WE WANTED TO AVOID THERE BEING A HANGUP IN THIS COMMITTEE SO THE PROCESS COULD CARRY ON.

GRIFFITH: THANGTS. THANK YOU, MS. BAKER.

I WOULD REITERATE THE LAST PARAGRAPH IN OUR RESOLUTION TO THE COUNCIL THAT THE ZAP WILL DO WHATEVER YOU DIRECT. OKAY?

GRIFFITH: YES, MA'AM.

GOODMAN: MAYOR.

MAYOR GARCIA: MAYOR PRO TEM.

GOODMAN: SORRY TO KEEP INTER INJECTING, BUT I FEEL SOMEWHAT PROPRIETARY ABOUT THIS ORDINANCE BY NOW HAVING GONE THROUGH A LOT OF ANGST AND AGONY. WHAT IS TRUE IS THAT IT DOES NOT REQUIRE ZAP TO HAVE A RECOMMENDATION FROM THAT SUBCOMMITTEE BEFORE IT TAKES ACTION. WHAT IT DOES REQUIRE IS THAT THAT SUBCOMMITTEE BE PRESENTED WITH THE PROPOSAL BEFORE IT GOES TO THE ZONING AND PLATTING COMMISSION. SO WHETHER OR NOT THEY SEND A RECOMMENDATION IS STRICTLY UP TO THOSE ON THAT COMMITTEE. WHAT IT DOES MANDATE BY ORDINANCE LANGUAGE IS THAT IT WILL BE PRESENTED TO THEM. SO THAT THE ZONING AND PLATTING COMMISSION CANNOT MAKE A RECOMMENDATION UNTIL AFTER THAT PRESENTATION HAS HAPPENED BECAUSE THAT IS LAID OUT IN HERE. BUT THEY DON'T HAVE TO SEND A RECOMMENDATION OR COMMENT, RECOMMENDATION OR COMMENT SPECIFICALLY. THEY WILL HAVE HEARD IT, THOUGH, AND IT WILL HAVE BEEN A PUBLIC MEETING SCHEDULED.

MAYOR GARCIA: ANYBODY ELSE HAVE ANY QUESTIONS FOR MS. BAKER? MR. BETZ. FOLLOWING M. MR. BETZ IS JEFF BATES BUT HE HAS SOMETHING I NEED TO READ INTO THE RECORD. WELCOME.

THANK YOU, MAYOR GARCIA. I'M CHARLIE BETTS WITH DOWNTOWN AUSTIN ALLIANCE. I -- I CORRESPONDED ON BEHALF OF OUR MEMBERSHIP WITH YOU SO -- AND TO EXPRESS THE DAA MEMBERSHIP'S PREFERENCE ON -- OF HEARING DOWNTOWN ZONING AT THE PLANNING COMMISSION. HOWEVER, THE -- THE -- THIS IS THE FIRST THAT I HAVE HEARD, IT MAY BE MY FAULT, I SIMPLY WAS NOT AWARE OF THE LIAISON COMMITTEE OR THE INTERIM COMMITTEE, AND I -- I WOULD RESPECTFULLY REQUEST POSSIBLY THE APPROPRIATE CITY STAFF MEMBERS MIGHT HAVE AN OPPORTUNITY, MIGHT GIVE US AN OPPORTUNITY TO BRIEF THOSE DOWNTOWN PROPERTY OWNERS WHO ARE INTERESTED IN THIS ISSUE TO EXPLAIN TO US HOW THE LIAISON COMMITTEE MIGHT WORK AND THAT TYPE OF THING SO THAT WE -- OUR DOWNTOWN PROPERTY OWNERS I DON'T THINK ARE GENERALLY AWARE OF THE LIAISON COMMITTEE. AND I THINK IT WOULD -- MIGHT BE HELPFUL IF WE HAD A BRIEFING BY APPROPRIATE CITY STAFF SO THAT WE MIGHT UNDERSTAND THE ENTIRE PROPOSED PROCESS. WE DON'T WANTED TO SLOW THINGS DOWN, BUT AT THE SAME TIME WE WOULD REALLY LIKE TO HAVE A CLEAR UNDERSTANDING OF HOW THE ZONING WILL BE HANDLED.

MAYOR GARCIA: CAN THAT BE ARRANGED?

WE WOULD BE DELIGHTED TO COORDINATE WITH THE CITY MANAGER OR OTHER APPROPRIATE --.

MAYOR GARCIA: WHY DON'T YOU SEE IF YOU CAN ARRANGE FOR THAT BRIEFING TO BE HELD.

SURE. BE HAPPY TO OF.

MAYOR GARCIA: THANK YOU. JEFF BATES. HE WANTS ME TO READ THE FOLLOWING: PLANNING COMMISSION NOT ZAP SHOULD OVERSEE DOWNTOWN ZONING CASES BECAUSE, ONE, DOWNTOWN IS ALREADY EXTENSIVELY PLANNED SO PLANNING COMMISSION IS APPROPRIATE. TWO, PLANNING COMMISSION'S CONTROL OTHER DOWNTOWN ZONING THE VITAL TO THE ACCOMPANIMENT OF OTHER CITY ZONING. THREE, DOWNTOWN ZONING CASES TYPICALLY INVOLVE LONG RANGE ISSUES. THAT'S WHAT HE WROTE. SARAH CROCKER. MS. CROCKER, WELCOME.

THANK YOU, MEMBERS OF COUNCIL. MY NAME IS SARAH CROCKER. I THINK EVERYBODY PRETTY MUCH COVERED WHAT I WAS GOING TO TALK ABOUT. I WOULD LIKE TO MAKE A COMMENT. I THINK THIS ORDINANCE HAS A LOT OF GOOD THINGS IN IT. MY CONCERN OF COURSE IS THE PROCESSING PART OF THAT -- THAT THIS COVERS. AND THAT'S PARTICULARLY IN SUBSECTION B ON THE FIRST PAGE WHEN IT TALKS ABOUT A HOW A DETERMINATION AND ON WHICH COMMISSION A ZONING CASE WILL GO TO. AND IT SAYS THAT THAT DETERMINATION WILL BE MADE ON THE DATE THAT THE APPLICATION IS FILED. AND I'M NOT REAL SURE HOW WE'RE GOING TO HANDLE THAT FROM A STAFFING STANDPOINT. WE'VE GOT TWO LADIES UP THERE IN IN-TAKE THAT TAKE IN HOW MANY APPLICATIONS AND THEY DO A TREMENDOUS JOB. THE WAY THIS IS WRITTEN, I KNOW IT'S AMBIGUOUS AND THAT CAN PROBABLY BE WORKED OUT LATER, BUT I WOULD ASK THAT -- BECAUSE WHAT I CAN SEE THERE IS THAT WE TURN IN AN APPLICATION, IT COULD GET SHUTTLED OFF TO A SIDE POINT AND WE COULD BE SITTING THERE FOR 30 TO 45 DAYS BEFORE SOMEBODY MAKES THAT DECISION ABOUT WHERE THIS PARTICULAR APPLICATION IS GOING TO GO. I KNOW THAT IT MAY LOOK FAIRLY CLEAR CUT, BUT HAVING PARTICIPATED IN THE PROCESS FOR A WHILE, I WOULD LIKE TO HAVE SOME CLARITY ON THAT. I WOULD AGREE THAT FROM A STANDPOINT OF UNDER SUBSECTION E AND WHAT WAS THE DISCUSSION FROM THE DAIS ABOUT THE EFFECTIVE DATE, I TOO WOULD LIKE TO BE ABLE TO SEE THAT HAPPEN AFTER THE FIRST PUBLIC HEARING. BECAUSE THERE COULD BE ANYTHING FROM A 9 TO 18-MONTH DELAY BETWEEN THE TIME THAT SOMETHING IS INITIATED AND IT'S ACTUALLY TAKEN TO PUBLIC HEARING. IF YOU FILE A ZONING CASE WHEN A RESOLUTION HAS BEEN PASSED, YOU WILL HAVE TO WORK WITH THE NEIGHBORHOOD AND WITHIN THE PROCESS JUST LIKE YOU DO IN ANY ZONING CASE PRIOR TO IT BEING TAKEN TO PUBLIC HEARING. AND IT WOULD BE -- IT WOULD BE NICE IF YOU COULD COUNT ON BEING ABLE TO GO FORWARD DURING THAT TIME PERIOD. THANK YOU.

MAYOR GARCIA: ANGULAR.

GOOD EVENING, MAYOR AND COUNCILMEMBERS. ANGULAR ADAMS, ZAP COMMISSIONER. I'M HERE TONIGHT TO GET A BETTER UNDERSTANDING OF, ONE, MY APPOINTMENT. I WAS RECENTLY APPOINTED TO THE ZAP COMMISSION WITH THE UNDERSTANDING I WOULD BE WORKING WITH THE WHOLE CITY OF AUSTIN AS IT RELATES TO GETTING THE APPLICATIONS THROUGH. IT APPEARS TO ME NOW WE ARE LOOKING AT GOING BACKWARDS. ONCE AGAIN I REQUESTED TO BE APPOINTED BECAUSE I WANTED TO WORK WITH THE ENTITY OF THE CITY OF AUSTIN BEING DOWNTOWN, BEING ALL OF THE AREAS. NOW I'M HEARING WHICH WE HAVE HEARD FOR SOME TIME THAT THOSE DUTIES ARE BEING TAKEN AWAY FROM US AND I'M A LITTLE LOST AND THEREFORE I'M SEEINGING UNDERSTANDING WHAT OUR ROLES WILL BE. ONCE AGAIN, AS A CITIZEN OF AUSTIN, WHATEVER CAPACITY NEEDED I WILL SERVE. BUT AS I SAID, I WAS GRACIOUSLY APPOINTED AND ACCEPTED GRACIOUSLY AND NOW I'M BEING APPOINTED TOMORROW MY DUTIES ARE SOMETHING ELSE. I JUST WANTED TO SHARE THAT WITH YOU. THANK YOU.

MAYOR GARCIA: THAT'S ALL THE SPEAKERS THAT I HAVE. DOES ANYBODY WANT TO ADDRESS THE COMMENTS THAT MS. ADAMS MADE? MAYOR PRO TEM.

GOODMAN: I GUESS IT'S MY TURN AGAIN. WHEN THE ZONING AND PLATTING COMMISSION WAS CREATED, IT WAS SO THAT THERE WOULD BE TWO COMMISSIONS, AND SO ZONING AND PLATTING WAS NOT GOING TO HAVE THE WHOLE CITY IN THAT CONTEXT. BECAUSE THE PLANNING COMMISSION AS IT EXISTED IN A TIME BEFORE WE CREATED THE ZONING AND PLATTING COMMISSION SPENT ALL ITS TIME ON THE EVERYDAY ZONING AND PLATTING CONDITIONAL USE, ET CETERA, SUBDIVISION, ISSUES THAT COME THROUGH ALL THE TIME AND HAD NO TIME FOR PLANNING. IN ORDER TO HAVE A COMMISSION THAT ALSO HAD TIME, HAD THE LUXURY TO MOVE AWAY FROM CONSTANTLY HAVING HEARINGS AND LONG AND COMPLICATED DISCUSSIONS ABOUT THOSE DAILY ZONING ISSUES -- I CAN'T REMEMBER HOW I STARTED THAT SENTENCE. OH, WELL.

MAYOR GARCIA: WE CREATED THE ZONING AND PLATTING.

GOODMAN: IN ORDER TO HAVE SOME PLANNING GO ON. SO I DON'T KNOW IF THAT MATCHED THE BEGINNING, BUT YOU KNOW THE GIST OF THIS. SO DOWNTOWN IS NOT TECHNICALLY AT THIS TIME, ANYWAY, A NEIGHBORHOOD PLANNING AREA. BUT IN MANY WAYS IT MEETS THE CONCEPTS THAT ARE WHAT TAKE THE PLANNING BOUNDARIES OF OTHER AREAS INTO THE PLANNING PROCESS. AND THE PLANNING COMMISSION FEELS THAT THEY WOULD BE THE OBVIOUS PLACE FOR DOWNTOWN ISSUES TO COME. WHICH IS THE REASON WE HAVE THIS ORDINANCE IN FRONT OF US TODAY. THE ZONING AND PLATTING COMMISSION ALSO FEELS THAT THE DOWNTOWN ISSUES ARE VERY MUCH A PART OF WHAT SHOULD COME THEIR WAY BECAUSE IT IS IMPOSSIBLE TO HAVE A NEIGHBORHOOD PLAN FOR THE WHOLE DOWNTOWN AREA. SO IN THAT, THERE WERE ISSUES OF LEGITIMACY ON BOTH SIDES IN THAT THERE WAS INTEREST AND EXPERTISE ON BOTH COMMISSIONS, MY GOAL HERE IN OFFERING SUGGESTIONS FOR THE ORDINANCE THAT WE'RE TALKING ABOUT TODAY WAS TO HAVE THE MECHANISM THAT MELDED THE TWO SO THAT THE INTERESTS WERE THERE AND IN CONSIDERATION FOR ANY FINAL DECISION BEFORE THAT FINAL DECISION WAS MADE. AND IN THAT SENSE, THEN CHOOSING THE ZONING AND PLATTING COMMISSION FOR FINAL RECOMMENDATION, AND BOTH COMMISSIONS ARE ADVISORY, OTHER THAN SUBDIVISION, FOR WHICHEVER CASES COME TO EITHER COMMISSION. AND THOSE RECOMMENDATIONS THEN WOULD COME TO THE CITY COUNCIL. ON ISSUES OF DOWNTOWN IN THE ORDINANCE WE HAVE BEFORE US RIGHT NOW, THERE WOULD BE A MECHANISM FOR BOTH THE PLANNING COMMISSION AND THE ZONING AND PLATTING COMMISSION TO HAVE BEEN PRESENTED, TO HAVE STUDIED, AND TO HAVE RECOMMENDED AND COMMENTED IF THEY SO CHOSE ON THE PROPOSAL FOR ANY DOWNTOWN LAND USE OR DEVELOPMENT ISSUE BEFORE IT WENT TO ZAP. AND BEFORE IT WENT TO COUNCIL. BUT BOTH COMMISSIONS HAVE VERY DIFFERENT CHARGES, EVEN THOUGH THEY ARE BOTH IN LAND DEVELOPMENT ISSUES, AND ULTIMATELY WILL, IF EVERYTHING GOES WELL, ROLL BACK INTO ONE COMMISSION AFTER MUCH OF THE PLANNING IS OVER WITH. SO THE PLANNING COMMISSION WAS TO HAVE PLANNING AREAS AND CASES THAT WERE WITHIN THE DESIGNATED PLANNING AREAS. THE ZONING AND PLATTING COMMISSION WAS TO CONTINUE AS THE PREVIOUS PLANNING COMMISSION HAD DONE, WHICH IS THE ZONING, PLATTING, SUBDIVISION, ET CETERA, ET CETERA ISSUES OF ALL AREAS OF THE CITY NOT WITHIN A NEIGHBORHOOD PLAN OR A PLANNING BOUND RE. SO THERE NEVER WAS THE WHOLE CITY FOR BOTH EXCEPT IN THE CONTEXT THAT THE EXISTING LIAISON COMMITTEE OFFERED THE OPPORTUNITY FOR EVERYBODY TO COMMUNICATE WITH EACH OTHER, BOTH CONTRIBUTE TO PLANNING AND LONG-RANGE CONCEPT, AND BOTH TO KEEP EACH OTHER INFORMED AS TO ISSUES THAT AROSE IN THE DIFFERENT LAND USE DEVELOPMENT ISSUES THAT CAME BEFORE BOTH OF THEM. 6 THANKS.

SLUSHER: MAYOR?

MAYOR GARCIA: COUNCILMEMBER SLUSHER.

SLUSHER: MRS. ADAMS IS MY APPOINTEE SO I WANTED TO TAKE A SHOT AT IT TOO. AND I LEFT THE MAYOR PRO TEM GO FIRST BECAUSE IT WAS HER ORDINANCE AND PROPOSAL THAT CREATED THIS AND I REALLY RESPECT HER LONG HISTORY IN PLANNING, INCLUDING BEING ON THE PLANNING COMMISSION. BUT THE -- WE'RE DOING NEIGHBORHOOD PLANNING FOR A NUMBER OF YEARS NOW, AND THEN WHEN WE SPLIT THE TWO -- LET ME BACK UP. THE NEIGHBORHOOD PLANS DO THE ZONING AND ALL IN ADVANCE, AND THEN ONCE YOU HAVE THE NEIGHBORHOOD PLAN, THEN THAT'S SUPPOSED TO KEEP THINGS FROM HAVING TO GO TO THE ZONING AND PLATTING COMMISSION BECAUSE YOU DON'T HAVE TO HAVE YOUR ZONING. IT'S EITHER DOES IT COMPLY WITH THE PLAN. AND THE PLANNING COMMISSION THEN WOULD LOOK AT THAT. AND IF THEY FELT THERE WAS A COMPELLING REASON TO DO SOMETHING THAT DOESN'T COMPLY WITH THE PLAN, THEN THEY WOULD RECOMMEND IT THAT WAY AND SEND IT TO THE COUNCIL. THE IDEA IS ONCE YOU GET A NEIGHBORHOOD PLAN, A LOT OF THINGS DON'T HAVE TO GO TO ZONING AND PLATTING COMMISSION, OR TO THE CITY COUNCIL. SO IT WOULD CUT DOWN ON THE AMOUNT OF ZONING CASES WE WOULD SEE AS WELL. BUT THEN -- SO THEN YOU HAVE THE ISSUE -- AND THEN THE PLANNING COMMISSION CAN DO LONGTERM PLANNING AND HAVE SOME TIME TO DO THAT, WHERE THE PREVIOUS PLANNING COMMISSION, WHICH INCLUDED WHAT THE ZONING AND PLATTING COMMISSION NOW DOES, MOST OF THEIR TIME WAS OCCUPIED WITH ZONING AND PLATTING AND THEY DIDN'T HAVE A LOT OF TIME TO DO LONG RANGE PLANNING. THAT'S WHAT THE MAYOR PRO TEM WAS TRYING TO DO BY SMRIGT THE TWO COMMISSIONS. SO THAT BRINGS US TO DOWNTOWN. I THINK THAT'S WHAT THE MAIN DEBATE IS GOING TO BE TONIGHT IS WHO LOOKS AT DOWNTOWN. IS IT -- BECAUSE IT DOESN'T HAVE AN OFFICIAL NEIGHBORHOOD PLAN, BUT IT'S HAD ALL KINDS OF PLANS THAT HAVE BEEN DONE FOR DOWNTOWN OVER THE YEARS, AND IT'S REALLY A SPECIAL AREA OF TOWN BECAUSE IT'S DOWNTOWN, IT'S REALLY EVERYBODY'S PART OF TOWN. I CONSIDER ALL PARTS OF TOWN TO BE EVERYBODY'S PART OF TOWN, BUT IN PARTICULAR DOWNTOWN IS THE CENTRAL BUSINESS DISTRICT, CENTRAL HEART OF THE CITY. SO BASICALLY THE DISCUSSION WE HAVE IS GOING TO GO TO THE ZONING AND PLATTING COMMISSION, WHERE IT WOULD HEAR THE INDIVIDUAL ZONING CASES WOULD GO THERE AND LOOK AT IT MORE ON THE INDIVIDUAL BASIS, OR DO YOU SAY, OKAY, WE'VE GOT A LOT OF PLANS IN PLACE OR DO WE WANT TO LOOK AT DOWNTOWN IN THE LONG RANGE BASIS AND SEND TO IT THE PLANNING COMMISSION INSTEAD OF THAT'S BASICALLY THE DEBATE WE'RE GOING TO HAVE HERE TONIGHT.

MAYOR GARCIA: FURTHER QUESTIONS OR COMMENTS BY THE COUNCIL?

WYNN: MAYOR?

MAYOR GARCIA: COUNCILMEMBER WYNN.

WYNN: A COMMENT WAS MADE EARLIER IF BY ACCEPTING OR BY CHOOSING THE PLANNING COMMISSION, WE WOULD BE -- WETLAND BE DECLARE THANKING DOWNTOWN IS A PLANNING AREA. WELL, OF COURSE DOWNTOWN IS A PLANNING AREA. WE HAVE ANY NUMBER OF PLANS THAT ONLY RELATE TO DOWNTOWN. WE HAVE THE GREAT STREET MASTER PLAN. WE HAVE A SEAHOLM MASTER PLAN. WE HAVE A PROPOSED RAINEY STREET MASTER PLAN. WE HAVE THE DOWNTOWN MOBILITY PLAN, R/UDAT 1 AND 2. THERE ARE OTHER PLANS THAT CONVERSE DOWNTOWN. CAPITAL METRO'S RAPID TRANSIT PLAN, THE LANCE ARMSTRONG CROSS TOWN BIKE WAFMENT IF WE HAVE A PROJECT THAT IS ON -- BECAUSE OF OUR TWO NATIONAL HISTORIC DISTRICT, CONGRESS AVENUE AND EAST 6TH STREET, A DISPROPORTIONATE NUMBER OF PLANS THAT COME BEFORE THE HISTORIC LANDMARK COMMISSION. DOWNTOWN IS ULTIMATELY THE MOST, YOU KNOW, PLANNED AREA OF OUR CITY. AND FOLKS ALL OVER TOWN TAKE PRIDE IN OUR DOWNTOWN. THERE IS ALWAYS LETTERS TO THE EDITOR IN THE STATESMAN ABOUT OUR DOWNTOWN. IT IS MORE PLANNED THAN, YOU KNOW, ANY OTHER PART OF TOWN. SO I DON'T -- LET'S DON'T GET HUNG UP ON WHETHER OR NOT THERE IS A DOWNTOWN NEIGHBORHOOD PLAN GOING THROUGH THE PROCESS. I MEAN FOREVER IT WAS -- EDWIN WALLER, ALL WE'VE BEEN DOING IS PLANNING DOWNTOWN. WHAT I'VE HEARD TONIGHT THAT SOMEWHAT CONCERNS ME IS I KNOW THAT THE DOWNTOWN AUSTIN ALLIANCE OR THE DOWNTOWN PROPERTY OWNERS HAVEN'T HAD A CHANCE TO REALLY EVEN UNDERSTAND THE ISSUES HERE, AND THAT CONCERNS ME. SPECIFICALLY ASK THE DOWNTOWN AUSTIN NEIGHBORHOOD ASSOCIATION WHETHER THEY ALSO HAVE HAD A CHANCE TO SORT OF UNDERSTAND THE ISSUES AND HELP US DECIDE ONE WAY OR THE OTHER, AND I KNOW THAT THEY HAVEN'T SPECIFICALLY. AND IT'S JUST NOT -- I THINK IT'S NOT CLEAR TO MANY OF US ON THE DAIS AND IN THE ROOM WHAT WOULD BE THE TRUE DYNAMICS AND LOGISTICS OF THIS LIAISON COMMITTEE. MY CONCERN ABOUT NOT HAVING A VERY STRUCTURED LIAISON COMMITTEE IS THAT ANY GIVEN SIDE OF A POTENTIAL ZONING CASE, WHETHER IT'S THE APPLICANT OR THE OPPOSITION, YOU KNOW, WOULD FRANKLY TAKE ADVANTAGE OF A RELATIVELY INFORMAL PROCESS. AND IF I WAS AN APPLICANT, AS AN EXAMPLE, I WOULD JUST HAVE TO RECOGNIZE THERE IS GOING TO BE -- I BETTER NOT GET ANY MISINFORMATION OR I BETTER HAVE MY ENTIRE DEVELOPMENT TEAM TLRX THE ENTIRE STORY DONE, AND LIKEWISE WITH THE OPPOSITION. I THINK WE'RE GOING TO END UP CREATING, YOU KNOW, TRIAL MEUVOS COMING UP THE LINE. I AGREE THAT IT SEEMS THAT IN -- BECAUSE OF THE NOTICE PROVISION, ET CETERA, WE'RE NOT NECESSARILY CREATING A DELAY. I DON'T THINK WE WOULD BE DOING THAT BY HAVING THIS INTERIM COMMITTEE. THE DELAY ITSELF DOESN'T CONCERN ME. I JUST THINK IT'S AN ADDITIONAL STEP. AND AT TIMES IT WILL SEEM VERY FORMAL AND AT TIMES, YOU KNOW, THERE WILL BE A RECOMMENDATION TO WHICHEVER ENTITY IT GOES TO. AND THAT, YOU KNOW, WHEN THERE IS A CONTESTED ZONING OR PLANNING KWAS, THEN, YOU KNOW, THAT SIDE IS GOING TO MAKE SURE THAT THEY ARE AT THAT -- THE INTERIM COMMISSION. YOU KNOW, SO I HATE SUGGESTING THIS, BUT I THINK WE NEED TO GIVE THIS TIME TO AT LEAST GET SOME FEEDBACK FROM THE TWO SORT OF MAJOR DOWNTOWN ASSOCIATIONS, THE ALLIANCE ON SORT OF THE COMMERCIAL SIDE, AND THE DOWNTOWN AUSTIN NEIGHBORHOOD ASSOCIATION ON THE RESIDENTIAL SIDE. AND JUST LET THEM UNDERSTAND WHAT THE THINKING IS. MAYOR PRO TEM'S IDEAS ARE, YOU KNOW, WHOLLY FOUNDED IN THAT THERE IS SIGNIFICANT EXPERTISE BOTH ON THE PLANNING COMMISSION AND ON THE ZONING AND PLATTING COMMISSION, AND SIGNIFICANT HISTORY THERE OF, YOU KNOW, FOR EITHER GROUP TO HAVE INPUT AND IMPACT. AND OPEN THE JURISDICTION. BUT I'M NOT PREPARED TO TRY TO FIGURE THAT OUT RIGHT NOW, AND I THINK MORE IMPORTANTLY THAN THAT, I'M NOT -- MY SENSE IS THAT THE -- MOST OF THE PROPERTY OWNERS IN QUESTION AND FUTURE PROPERTY OWNERS IN QUESTION EVEN AREN'T REALLY AWARE OF THE DETAILS OF THE DEBATE AND ISSUE, AND I THINK NEED TO AT LEAST HAVE THAT OPPORTUNITY TO FIGURE OUT AND RECOGNIZE WHAT IT IS THEY WOULD PROPOSE FOR THEIR PART OF TOWN.

MAYOR GARCIA: COULD WE GO AHEAD AND CLOSE THE PUBLIC HEARING.

SLUSHER: SO MOVED.

GRIFFITH: SECOND.

MAYOR GARCIA: ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. OKAY.

GOODMAN: MAYOR, COULD I ASK YOU A QUESTION? OR COULD I ASK COUNCILMEMBER WYNN A QUESTION?

MAYOR GARCIA: SURE. MAYOR PRO TEM.

GOODMAN: SOME OF THIS HAS NOTHING TO DO WITH DOWNTOWN AND WHAT COMMISSION WOULD HEAR THAT ULTIMATELY AND MAKE THE RECOMMENDATION. IF THE CONSIDERATION THAT WE GIVE TONIGHT IS THAT THIS NEEDS TO HAVE MORE INPUT BEFORE WE VERY CLOSE YOU ARE ON THE DOWNTOWN PART, I WOULD HOPE THAT YOU WOULD CONSIDER CARVING THAT SURGICALLY FROM THE ORDINANCE AND LEAVING THE HOUSEKEEPING AND THE MULLER REDEVELOPMENT AS SOMETHING WE COULD PASS TONIGHT AND AMEND LATER FOR THE DOWNTOWN PART.

WYNN: YES, I WOULD. I AGREE WITH THE OTHER HOUSEKEEPING AND ESPECIALLY THE MUELLER ISSUE. THE DOWNTOWN KREE ATSDZ THIS PARTICULAR ISSUE THAT'S GOING TO TAKE A LITTLE WHILE FOR EVERYBODY TO FIGURE OUFMENT I THINK THIS IS RELATIVELY CONSENSUS AMONG THE PARTICULAR GROUPS, PARTICULARLY ON MUELLER THAT IS CORRECT IS A PLANNING COMMISSION ISSUE.

WE CAN DO THAT.

MAYOR GARCIA: COUNCIL, WE HAVE HAD THE PUBLIC HEARINGS ON THE TID, BUT WE HAVEN'T TAKEN ACTION ON 76 AND 77. I WASN'T HERE WHEN THEY HAD THOSE PUBLIC HEARINGS. IS THERE A MOTION ON 76 AND 77.

GOODMAN: MOVE APPROVAL.

SECOND.

MAYOR GARCIA: MOTION ON 76 AND 77. DISCUSSION? ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. OPPOSED NO. MOTION CARRIES. OKAY, NOW, ON THE UNIFORM BUILDING CODE, ARE WE READY ON THAT ONE? INTERNATIONAL ENERGY CONSERVATION CODE, LOCAL AMENDMENT.

WYNN: MOVE APPROVAL OF ITEM 78, MAYOR.

MAYOR GARCIA: OKAY.

GOODMAN: SECOND.

MAYOR GARCIA: MOTION BY COUNCILMEMBER WYNN, SECONDED BY THE MAYOR PRO TEM. DISCUSSION? ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. OPPOSED NO. MOTION CARRIES ON A VOTE OF 7-0. COUNCILMEMBER WYNN AND MAYOR PRO TEM, ON 79, ARE YOU SAYING THAT WE MAY NEED A LITTLE BIT MORE TIME?

WYNN: I'M SUGGESTING THAT THE DOWNTOWN -- IF WE CAN SORT OF, TO USE MAYOR PRO TEM'S ANALOGY, SURGICALLY REMOVE THE DOWNTOWN PIECE OF THIS ORDINANCE, WE CAN MOVE FORWARD -- THE ORDINANCE IS IMPORTANT AND WE NEED TO HAVE THIS HOUSEKEEPING STUFF DONE. BUT IF PERHAPS MS. TERRY --

YES, WHAT WE CAN DO IS WE HAVE ENOUGH DIRECTION FROM THE COUNCIL THAT WE CAN PREPARE THIS ORDINANCE IN FINAL FORM SO THAT IT SURGICALLY REMOVES THE DOWNTOWN ISSUES AND LEAVES THE REMAINING PORTION OF THE ORDINANCE INTACT, INCLUDING THE VALIDATION PROVISION, WHICH WE DO NEED TO HAVE PASSED.

MAYOR GARCIA: LET ME BACK UP FOR A MINUTE. ON 76 AND 77 THE VOTE WAS 7-0. THAT MEANS ALL THREE READINGS. IS THAT WHAT YOU ALL INTENDED ON THE MOTIONS?

WYNN: YES, SIR.

MAYOR GARCIA: SECOND? OKAY.

WYNN: SORRY, SO MS. TERRY, I'M PREPARED, I THINK THE COUNCIL IS, TO APPROVE EVERYTHING IN THE EXISTING ORDINANCE TONIGHT WITH THE EXCEPTION OF THE DOWNTOWN ISSUE.

YES. AND I HAVE ENOUGH DIRECTION THAT I CAN PREPARE A FINAL ORDINANCE THAT WE -- THAT YOU ALL APPROVE, IN OTHER WORDS, I HAVE RECEIVED DIRECTION FROM YOU SUFFICIENT TO WHERE I CAN PREPARE A FINAL ORDINANCE THAT CAN I SUBMIT TO THE CITY ATTORNEY AND SHIRLEY BROWN AND TO THE MAYOR FOR HIS SIGNATURE SHOULD YOU APPROVE TONIGHT.

IN OTHER WORDS, YOU WILL BE VOTING ON EVERYTHING BUT YOU ARE EXCISING THE -- I THINK SUBSECTION F, WHICH DEALS WITH LIAISON.

GARZA: MOTION TO THAT EFFECT.

THE ACTION TONIGHT WOULD TAKE CARE OF IT.

ACTUALLY YOU ARE NOT EXCISING EVERYTHING WITH REGARD TO F. YOU ARE EXCISING ONLY THAT PORTION THAT DEALS WITH THE DOWNTOWN AREA. WHICH IS 2 A, B AND C. YOU DO NOT WANT TO EXCISE THE REMAINING BECAUSE THAT IS A STANDING COMMITTEE THAT YOU HAVE CREATED. WHAT WE WILL DO IS THAT WE WILL LEAVE IN F, THE LANGUAGE THAT IS IN A LIAISON AND THE COMMITTEE SHALL MEET REGULARLY. WE WILL LEAVE THAT LANGUAGE IN THE ORDINANCE BECAUSE THAT IS LANGUAGE THAT HAS BEEN BROUGHT FORWARD FROM FORMER PROVISIONS. SO I'M ASSUMING THAT THAT IS -- YOUR INTENT IS TO LEAVE THAT LANGUAGE IN. BUT WHAT WE ARE EXCISING IS SUBSECTION 2 A, B AND C. IS THAT --.

GRIFFITH: MAYOR?

IS THAT THE SENSE OF THE DIRECTION?

MAYOR GARCIA: COUNCILMEMBER GRIFFITH.

GRIFFITH: THANK YOU. BEFORE WE VOTE, I WOULD LIKE TO TOUCH BASE WITH THE PEOPLE IN THE TRENCHES WHO ARE REALLY GOING TO HAVE TO WORK WITH AND LIVE WITH THIS. MS. BAKER, COULD I CHECK WITH YOU A MINUTE ON WHETHER OR NOT WHAT WE'RE ABOUT TO DO SOLVES THE PROBLEMS THAT YOU WERE TALKING ABOUT EARLIER?

NOW I THINK I KNOW WHY I'M ON THE ZAP KEFMENT I FEEL LIKE I'M BEING ZAPPED. COUNCILMEMBER, THE ORDINANCE AS DRAFTED WOULD ALLOW ALL CASES IN WHICH THERE HAS BEEN A COUNCIL RESOLUTION OR DIRECTIVE FOR NEIGHBORHOOD PLAN, ALL THOSE ZONING APPLICATIONS WOULD GO TO THE PLANNING COMMISSION. THE ZONING AND PLATTING COMMISSION SUGGESTED THAT THOSE CASES SHOULD GO TO THE PLANNING COMMISSION ONLY AFTER THE FIRST PUBLIC HEARING IN WHICH A FORMAL -- IN WHICH A NEIGHBORHOOD PLAN HAD BEEN FORMALLY PRESENTED. THAT IS THE DIFFERENCE. TIMEWISE, IT'S PROBABLY ABOUT SIX MONTHS D. DIFFERENCE.

GRIFFITH: SIX MONTHS' DIFFERENCE. SO THE LANGUAGE YOU ARE SUGGEST WOULD SHORTEN THE PROCESS SIX MONTHS?

IT COULD.

GRIFFITH: IT COULD.

IF I MIGHT RESPOND, THAT DOES NOT CURE THE PROBLEM THAT WE WERE TRYING TO CURE BECAUSE, AS YOU WILL RECALL, THIS -- THE DECISION HAS BEEN MADE -- MADE FOR THE PLANS AND THE ZONING TO BE BROUGHT TOGETHER AT THE SAME TIME. AND WHAT WE ARE TRYING TO DO BY THIS ORDINANCE IS TO KEEP THE SAME BODY HEARING THOSE SO THAT THEY CAN BE BROUGHT FORWARD AT THE SAME TIME SO THAT IF YOU HAVE A -- THE PLANNING COMMISSION CONSIDERING THE PLAN, THEN THE PLANNING COMMISSION WILL CONSIDER ALL THE ZONING CASES RELATED TO THE AREA WITHIN THE PLAN. AND THAT WAS THE PURPOSE FOR THE ORDINANCE.

GRIFFITH: SO ARE YOU SAYING THAT SIX MONTHS'S TIME SAVINGS WOULD NOT HAPPEN?

WELL, IF YOU HAVE -- FOR EXAMPLE, IF YOU HAVE AN INDIVIDUAL CASE THAT IS FILED THAT AFFECTS AN AREA WITHIN THE PLAN THAT HAS BEEN DESIGNATED, THAT CASE CONTINUES ON ITS SAME 60-DAYTIME TRACK THAT IT IS CURRENTLY ON. IT DOES NOT DELAY THAT CASE. AND I WILL HAVE ALICE ASSIST ME TO EXPLAIN THAT FURTHER.

GLASGO: ALL I WOULD LIKE TO ADD IS THAT THE AREAS, FOR EXAMPLE, WE JUST STARTED ON THE ONES THAT WE TOLD COUNCIL IN OCTOBER WHEN I MADE MY BUDGET PRESENTATION THAT WE WERE ALREADY INVOLVED IN, WE ARE GOING TO BEGIN THE PROCESS CONCURRENTLY. SO THE PLANNING COMMISSION CURRENTLY HAS BEEN WORKING WITH US FOR THOSE AREAS. THEY HAVE ADOPTED THOSE EIGHT AREAS THAT WE ARE BEGINNING TO WORK ON. SO WHAT WE'LL BE DOING WHEN WE GO TO OUR FIRST PUBLIC HEARING, WHAT WE'LL BE DISCUSSING THE FUTURE LAND USE WHICH THEN TRANSLATES TO ZONING. IF WE ARE GOING TO BE RUNNING THEM CONCURRENTLY, WE ARE GOING TO TWO DIFFERENT CONDITIONS. WE'LL GO TO ZAP WITH THE ZONING AND THE PLANNING WITH THE PLAN, IF YOU CHANGE THE EFFECTIVE DATE AS TO WHEN WE SEND THE PLANS TO DIFFERENT COMMISSIONS, IF WE DO THEM CONCURRENTLY. THAT'S THE DIFFERENCE THAT WOULD MAKE.

GRIFFITH: ARE WE IN AGREEMENT WITH THAT ANALYSIS?

GOODMAN: MAYOR AND COUNCILMEMBER, I THINK THAT IS A SUBJECTIVE ANALYSIS DEPENDING ON THE PARTICULAR PERSON, THE PARTICULAR CASE, THE PARTICULAR COMMISSION AND THE WORKLOAD AT THAT TIME. BUT THE OBJECT OF THIS CREATION OF A SECOND COMMISSION WAS NOT TO CONTINUE THE SAME WORKLOAD TO ONE COMMISSION THAT EXISTED BEFORE THE CREATION OF THE SECOND. AND IT WAS TO ENABLE PLAN TO GO TAKE PLACE AND IMPLEMENTATION TO TAKE PLACE IN A TIMELY MANNER. AND SO THE REASON THAT IT SEEMS MORE LOGICAL TO HAVE THE ZONING CASES THAT MAY COME UP OR OTHER LAND USE PROPOSALS WITHIN A PLANNING AREA GO TO THE PLANNING COMMISSION IS BECAUSE THAT IS THE COMMISSION THAT WILL BE WORKING ON, WITH THE NEIGHBORHOOD, THE IMPLEMENTATION OF THE LAND USE PROPOSALS AND LONG-TERM PROJECTIONS. TO HAVE IT GO TO THE ZONING AND PLATTING COMMISSION WOULD NOT ONLY PUT UP THEIR WORKLOAD TO WHAT IT WAS BEFORE THE CREATION OF THE SECOND SKMIRX IT ALSO TAKES ALL THOSE LAND DEVELOPMENT DECISIONS INTO A VERY SEPARATE WORLD, AND I THINK WILL BE VERY DIFFICULT TO PLAN IN A COORDINATED MANNER WHUR HAVING TO TRAVEL THROUGH TWO WORLDS-WHEN YOU ARE HAVING TO TRAVEL THROUGH TWO WORLDS OF DECISION MAKING. I THINK ALSO THERE IS THE OPPORTUNITY FOR SOME PERHAPS LESS ETHICAL OR CARING LAND DEVELOPMENT ENTITIES, WHICH I'M SURE OCCURRED ONLY IN THE PAST AND CERTAINLY NEVER NOW OR IN THE FUTURE TO, TAKE ADVANTAGE OF THOSE TWO TRACKS AND TO PLAY ONE AGAINST THE OTHER BECAUSE EACH OF THEM WOULD IN ESSENCE BE MADE IN A VACUUM AND NOT COORDINATED. [ONE MOMENT, PLEASE, WHILE CAPTIONERS CHANGE].

WYNN: I WILL MOVE APPROVAL OF THE ORDINANCE WITH THE SUGGESTIONS MADE BY MS. TERRY AS FAR AS CARVING OUT THE DOWNTOWN RELATED ISSUES.

SLUSHER: THE 502 P.M., 11:28.

5:20 P.M.

SLUSHER: I HAVE 118 MINUTES EARLIER THAN THAT.

WELL, YOU JUST PRINTED FASTER THAN I DID.

SLUSHER: I GUESS THAT'S WHAT IT IS.

IT'S THE SAME VERSION, I'M SURE.

SLUSHER: OKAY. THERE'S SUBSECTION B, WHICH SAYS THAT THE -- THE DETERMINATION IS MADE AT THE TIME OF FILING AS TO WHICH COMMISSION WILL GET ANY PARTICULAR CASE.

YES, SIR.

SLUSHER: THEN YOU GO DOWN TO SUBSECTION D, IT SAYS EXCEPT AS PROVIDED IN SUBSECTION B, THE PLANNING COMMISSION SHALL ACT AS THE LAND USE COMMISSION FOR PROPERTY THAT IS WHOLLY OR PARTLY WITHIN -- THEN IT LISTS A COUPLE OF NEIGHBORHOOD PLANS AND ROBERT MUELLER FORMER AIRPORT.

UH-HUH

SLUSHER: WHAT I WANT TO KNOW IS WHAT DOES IT MEAN EXCEPT AS PROVIDED IN SUBSECTION B? I DON'T SEE ANYTHING IN SUBSECTION B THAT PROVIDES FOR ANYTHING DIFFERENT THAN WHAT IT SAYS UNDERNEATH D UNLESS THAT WOULD BE THAT THERE CAN BE AN ADMINISTRATIVE DECISION FOR ONE TO GO --

NO -- I'M SORRY. THERE IS NOT AN ADMINISTRATIVE DECISION. WHAT THIS IS AN ACCOMMODATION IS FOR -- IT IS EXACTLY THE SITUATION THAT I WAS TALKING ABOUT. FOR EXAMPLE, WHEN YOU HAVE A SITUATION IN WHICH THE COUNCIL HAS PASSED A RESOLUTION DESIGNATING AN AREA AS A PLANNING AREA AND WHEN YOU DO THAT, AND THE PLANNING COMMISSION JURISDICTION ATTACHS AND THEN ONCE THAT HAPPENS, THEN THE LAND USE COMMISSION, ANY APPLICATION THAT IS MADE AFTER THAT DATE, FOR EXAMPLE, THAT COMMISSION, THAT -- THE PLANNING COMMISSION PICKS THAT UP. THAT IS THE PURPOSE OF THAT SUBSECTION B. IT WAS WRITTEN SPECIFICALLY THAT WAY TO ADDRESS TWO SITUATIONS. FOR EXAMPLE, IF YOU WILL LOOK OVER ON PAGE 2 OF 3, IT -- IT SAYS -- ON THE SECOND SECTION, IT SAYS ENDS ON THE DATE THAT THE COUNCIL ADOPTS OR REJECTS THE PROPOSED NEIGHBORHOOD PLAN OR WITHDRAWS ITS DIRECTIVE TO THE PLANNING COMMISSION TO CONSIDER A NEIGHBORHOOD PLAN FOR THE AREA, DEPENDING ON WHAT THE ACTION IS THAT YOU TAKE, THAT'S WHAT TRIGGERS THE VARIOUS PROVISIONS, EITHER AS BETWEEN B OR D AND WHAT THAT MEANS IS, FOR EXAMPLE, IF YOU MAKE A DECISION THAT ON A NEIGHBORHOOD PLAN THAT YOU ARE GOING TO REJECT A NEIGHBORHOOD PLAN BECAUSE IT'S JUST NOT WORKING, THEN WHAT THAT MEANS IS THAT THE ZONING AND PLATTING COMMISSION WOULD THEN HAVE THE ABILITY TO PICK UP THE INDIVIDUAL CASES BECAUSE YOU HAVE MADE A DECISION TO REJECT THE PLAN

SLUSHER: I'M FAILING TO --

I UNDERSTAND. --

WHAT'S WRITTEN ON THIS PAGE

AND WHAT I'M TRYING TO SAY IS THAT -- THE SECTIONS WERE DRAFTED BROADLY SUCH AS TO ACCOMMODATE WHERE AND WHEN AN APPLICATION IS BEING FILED AS TO WHAT PARTICULAR COMMISSION IT GOES TO. IN ONE CIRCUMSTANCE IT WOULD GO TO ZONING AND PLATTING COMMISSION, IN ANOTHER CIRCUMSTANCE IT WOULD GO TO PLANNING COMMISSION. EACH OF WHICH IS A LAND USE COMMISSION, DEPENDING UPON THE PARTICULAR FACT SITUATION BEING PRESENTED, CONTROLLING WHETHER THE CASE GOES TO ONE OR THE OTHER. FOR EXAMPLE, A DETERMINATION UNDER B, YOU KNOW, IF AN APPLICATION IS FILED, PRIOR TO THE DESIGNATION BY COUNCIL OF AN -- YOU KNOW, THAT A PLAN -- YOU KNOW, IT'S PASSING ITS RESOLUTION SAYING THIS AREA IS GOING TO BE PLANNED, THEN THAT CASE GOES TO ZONING AND PLATTING. IF THE APPLICATION IS FILED AFTER YOU HAVE PASSED YOUR RESOLUTION SAYING THIS AREA WILL BE PLANNED, THEN IT GOES TO PLANNING COMMISSION. AND THAT'S -- THAT SUBSECTION B WAS DRAFTED TO FLY SHUTTLE EITHER WAY, DEPENDING ON THE DATE, AND DEPENDING ON WHETHER YOU HAVE PASSED YOUR RESOLUTION.

SLUSHER: OKAY. WELL --

THEN D THEN SPECIFICALLY CARVES OUT THE PLANNING ASSOCIATED -- FOR THE PLANNING COMMISSION AND THAT IS THE PLANNED AREAS AND SAYS, THE PLANNING COMMISSION IS GOING TO GET THOSE CASES.

SLUSHER: OKAY. WELL, OKAY. I JUST DON'T REALLY GET THAT OUT OF THE -- FROM D BACK TO B

WELL, I TELL YA, I HAD TO PARSE THROUGH IT WITH THE DRAFTERS AND DIAGRAM THE SENTENCES. BUT THAT IS THE EFFECT OF WHAT IT DOES.

SLUSHER: WELL, WE NEED TO KEEP YOU AROUND FOR A WHILE THEN.

I'M SORRY, SIR?

SLUSHER: I SAID WE NEED TO KEEP YOU AROUND TO EXPLAIN THIS

WELL, WHERE'S MIKE ENGLISH WHEN I WANT HIM HERE TO KILL HIM?

GARZA: IS MIKE THE ONE THAT DRAFTED THIS

MICHAEL IS THE DRAFTER.

GARZA: OKAY.

MAYOR GARCIA: ANY OTHER QUESTIONS FOR --

THOMAS: MAYOR?

MAYOR GARCIA: COUNCILMEMBER THOMAS? WE HAVE BEEN TALKING FOR A WHILE LIKE WE ARE -- I DON'T KNOW IF EVERYBODY ELSE IS COMFORTABLE WITH THIS -- WITH VOTING ON THIS. I THINK WE NEED TO CLARIFY SOME STUFF BECAUSE MY UNDERSTANDING WHEN WE DID THIS TO -- TO HAVE TWO COMMISSIONS, WAS NOT TO OVERLOAD THE OTHER, TO GET THINGS DONE A LITTLE BIT SPEEDILY DONE. THE SURGICAL CARVING OUT, I STILL DON'T -- I AM KIND OF CONFUSED WHERE WE ARE HERE ON THIS TODAY WHEN WE HAD ALREADY SET OUT WHAT WE WANTED TO DO FOR EACH COMMISSION AND NOW WE ARE BACK HERE DOING THIS TODAY.

THE REASON WHY YOU ARE -- WE ARE HERE WITH THE --

THOMAS: JUST SHORT

I'M TRYING REAL HARD. YOU KNOW, LAWYERS CAN'T TALK IN 25 WORDS OR LESS, COUNCILMAN, I'M TRYING, I'M TRYING. THE REASON WHY WE ARE HERE IS BECAUSE WHEN WE DRAFTED THE ORIGINAL ORDINANCE IT WAS WHEN YOU HAD A BY IF YOU ARE INDICATED PROCEEDING WHICH YOU -- BIFURCATED PROCEEDING IN WHICH YOU CONSIDERED THE PLAN FIRST, THEN WE SENT IT BACK AND THEN WE DID THE ZONING. THE WAY WE DRAFTED THESE TWO COMMISSIONS WAS UNDER THAT SCENARIO. WHAT WE FOUND WAS THAT WHEN WE SMASHED THE PROCESS TOGETHER AND BROUGHT BOTH PLANNING AND THE ZONING TOGETHER AT THE SAME TIME, THE EXISTING CODE WAS WRITTEN SO THAT YOU HAD THE PLANNING COMMISSION DOING THE PLAN AND ZONING AND PLATTING ZOOING THE ZONING. AND -- DOING THE ZONING. THAT'S NOT WHAT WE THOUGHT YOU WANTED. WE THOUGHT YOU WANTED THE PLANNING COMMISSION DOING PLANS AND ZONING ASSOCIATED WITH THOSE PLANS. AND THIS WAS DESIGNED TO CORRECT THAT. AND THEN THE ROBERT MUELLER ISSUES AND THE DOWNTOWN ISSUES CAME INTO PLAY. AFTER THAT.

THOMAS: ALL RIGHT. [ LAUGHTER ].

MAYOR GARCIA: ARE WE READY? IS THERE A MOTION TO CALL THE QUESTION OR DO -- DO WE NEED TO DO THAT? LET ME GO AHEAD AND ASK ALL THOSE IN FAVOR OF THE MOTION AS WE UNDERSTAND IT RIGHT NOW. YOU ARE NOT READY?

SLUSHER: I'M READY TO GET IT OVER WITH. BUT THIS -- I JUST FEEL THAT --

MAYOR GARCIA: YOU DON'T KNOW WHAT YOU ARE APPROVING.

SLUSHER: IT'S NOT CLEAR FROM THE WRITING TO ME

GARZA: TO CUT TO THE CHASE, THERE ARE SOME THINGS THAT HAVE BEEN REFERRED TO, ONE OF THE COMMITTEES OR ONE OF THE COMMISSIONS, IT SHOULD HAVE BEEN TO SOMETHING ELSE. WE NEED THAT CLEANUP PROVISION SO THAT WE TAKE CARE OF THAT. I THINK THAT'S WHAT THOSE PROVISIONS THAT TALKED ABOUT MUELLER AND THE ONES THAT YOU DESIGNATED AT PLANNING AREAS. WE NEED THAT AS A MINIMUM, WITH RESPECT TOTAL DOWNTOWN, WITH RESPECT TO THE -- OWE THE COMMITTEE, HOW THEY ARE TO HAVEN'T JOINT CUSTODIANSHIP FOR THE STEPCHILD. FOR THAT PURPOSE THAT'S SOMETHING YOU WANT TO PULL BACK --

SLUSHER: I HAVE GOT AN IDEA. I HAVE AN IDEA. LET'S TROT THIS OUT THERE. SUPPOSE WE CUT SECTION, LET'S SEE, MAYBE PUT A BACK IN THERE. SAY LET'S CUT EVERYTHING DOWN TO D, AND CUT IN D EXCEPT AS PROVIDED IN SUBSECTION B, AND THEN PUT THE PLANNING COMMISSION SHALL ACT AS THE LAND USE COMMISSION FOR PROPERTY THAT'S WHOLLY OR PARTLY WITHIN AND THEN HAVE THE REST -- LIST THOSE TWO THINGS, BOUNDARIES OF THE NEIGHBORHOOD PLAN AND FORMER ROBERT MUELLER SITE. AND I'M NOT SURE WHAT YOU DO WITH THE NEXT ONE. WOULD THAT -- MS. TERRY, DOES THAT GET YOUR CLEANUP? IS THAT WHAT WE ARE TRYING TO DO? WE HAVE ALREADY CUT OUT DOWNTOWN. THAT SAYS THAT WHERE -- WHERE NEIGHBORHOOD PLANS AND THE MUELLER FORMER AIRPORT ARE GOING TO GO. GETS RID OF ALL OF THAT --

LET ME -- ON SECTION E REFERS BACK TO B. WHAT THIS IS TRYING TO GET AT IS THE -- IS THE PROBLEM WHERE YOU HAVE INDIVIDUAL ZONING CASES THAT COME UP THAT ARE IN A PLAN AREA AND WE HAVE THOSE? AND WE WANT THOSE TO GO TO THE SAME COMMISSION THAT CONSIDERS THE ZONING ATTACHED TO THE PLAN. IF YOU CUT OUT B, THEN I LOSE THAT. I NEED -- I NEED A, I NEED B, I NEED -- I NEED THE C SECTION, I NEED D, ONE AND TWO, I NEED E, ONE AND TWO, I NEED F, AND F1, WHICH WILL COMBINE WITH F BECAUSE YOU CAN'T HAVE A ONE WITHOUT A 2. WE ARE CUTTING OUT 2A, B AND C. I NEED PART 2. THAT'S WHAT I NEED. IF YOU -- IF WE REMOVE B, THEN WHAT YOU REMOVE IS THE JURISDICTION OF THE PLANNING COMMISSION TO CONSIDER THOSE INDIVIDUAL ZONING CASES THAT ARE -- ARISE, BUT ARE NOT PART OF THE ZONING -- THE ZONING OF THE PLAN. IN OTHER WORDS, MS. CROCKER HAS A CLIENT IN THE ROSEWOOD PLAN. SHE FILES A ZONING -- A SINGLE ZONING CASE. WHILE THAT PLAN AND THAT ZONING ATTACH TO THAT PLAN IS BEING CONSIDERED BY THE PLANNING COMMISSION, IF YOU CUT OUT B, THEN THAT SINGLE CASE WILL GO TO ZONING AND PLATTING COMMISSION, IT WON'T GO TO THE PLANNING COMMISSION.

SLUSHER: OKAY. OKAY. I SURRENDER. [INAUDIBLE]

MAYOR GARCIA:

ALVAREZ: I WILL FOLLOW-UP ON THAT. I THINK I KNOW WHAT COUNCILMEMBER SLUSHER IS TRYING TO SAY, BUT HE IS NOT SAYING THAT WE SHOULD CUT OUT SUBSECTION B. OR DID YOU --

SLUSHER: I TRIED THAT. GO AHEAD.

ALVAREZ: I SHOULDN'T SPEAK FOR OTHER COUNCILMEMBERS.

SLUSHER: THAT'S ALL RIGHT. STEP RIGHT IN THERE.

ALICE IS GOING TO TRY TO EXPLAIN IT IN NON-LEGAL TERMS.

GLASGO: SINCE I HAVE TO IMPLEMENT THIS ORDINANCE JOINTLY WITH MIKE HEIGHTS, I HAVE SAT HERE AND READ IT AND YOU HAVE TO SKIP FROM B -- B MAKES SENSE IF YOU READ IT AND GO TO E1 AND 2. WHAT E1 AND 2 TELL US IS THAT ONCE THE CITY COUNCIL DECIDES, DESIGNATES AREAS FOR US TO GO PLAN, YOU WOULD DO THAT BY RESOLUTION OF ORDINANCE SAYING HERE, 5, 10, WHATEVER NUMBER THERE IS THAT YOU WANT TO GO PLAN. THAT DIRECTIVE IS WHAT GIVES US THE GUIDANCE TO TELL AN APPLICANT LOOKING AT B, MRS. SLUSHER COMES TO THE OFFICE FOR AN APPLICATION, GIVEN THE RESOLUTION ADOPTED UNDER E1 AND 2, THAT WE TELL YOU WHICH COMMISSION TO GO TO. SO THAT'S HOW THAT LINKAGE OCCURS. IT'S DRAFTED ON TWO DIFFERENT PAGES, HENCE THE DISCONNECT, BUT THAT'S WHAT YOU GET FROM B THROUGH E1 AND 2. DOES THAT HELP?

ALVAREZ: I GUESS THE ONLY THING -- I MEAN, I UNDERSTAND WHY WE NEED ALL OF THE PARTS. BUT I DON'T -- THE ONLY THING THAT I THINK COULD BE CUT OUT ON D AND E IS IF YOU CUT OUT EXCEPT AS PROVIDED IN SUBSECTION B, BECAUSE, I MEAN, SUBSECTION B IS ALREADY A PART OF THAT SECTION AND THEN ALL OF THESE OTHER PARTS ARE PART OF THE SAME SECTION AND OUTLINE WHERE DOES THIS GO, THAT ALLOWS YOU TO MAKE THE DETERMINATION. SO I THINK THAT'S WHAT'S KIND OF CONFUSING IS THAT PART EXCEPT AS PROVIDED IN SUBSECTION B. I DON'T THINK YOU NEED THAT. IN ORDER FOR THIS TO WORK.

GARZA: I THINK, LET ME -- I WANT TO VENTURE AS TO WHAT WE WERE TRYING TO ACCOMPLISH HERE WITH MR. ENGLISH'S LANGUAGE. IS THAT ONCE A DETERMINATION IS MADE, AND THAT DETERMINATION IS MADE AND YOU MAY MAKE THAT DETERMINATION TO GO TO THE ZONING AND PLATTING, SUBSEQUENT TO THAT, YOU HAVE A PLAN THAT HAS BEEN CONCEIVED OR HAS BEEN DESIGNATED BUT YOU HAVE ALREADY BEGUN THAT PROCESS, YOU HAVE ALREADY BEGUN THE PROCESS AND SAID "IT GOES TO ZONING, " SO YOU HAVE TO SAY EXCEPT AS PROVIDED IN B, THIS IS WHAT GOVERNS. BUT YOU ARE -- YOU ARE A DYNAMIC SYSTEM. IT'S MOVING ALL THE TIME AND YOU MAKE THOSE DESIGNATIONS IN OCTOBER, YOU SAY THESE ARE THE AREAS THAT WE ARE PLANNING, YOU NEED TO HAVE SOME PROVISION THAT SAYS ONCE THAT DECISION HAS BEEN MADE, THIS IS THE WAY THAT IT WILL GOVERN MOST OF THE TIME. BUT UNLESS THE DIGS HAS BEEN MADE TO GO TO ZONING BECAUSE WE HAVEN'T DESIGNATED THAT AREA AS A POTENTIAL PLAN, SO YOU NEED THAT LANGUAGE TO HANDLE THAT EVENT

I WOULD AGREE THAT -- FROM MY UNDERSTANDING FROM MIKE ENGLISH, THAT'S EXACTLY WHAT HE WAS TRYING TO ADDRESS. THERE IS SOME ZONINGS THAT HAVE ALREADY BEEN IN PROGRESS AND SO HE NEEDED A WAY TO -- TO FIX A TIME AT WHICH HE WAS GOING TO BE ESTABLISHED, WHERE THEY ARE GOING TO GO. SO THAT'S -- THAT DIRECTS THE TRAFFIC FOR THOSE ALREADY IN PROGRESS AND THEN SUBSECTION E DEALS WITH NEW MATTERS.

IT [INAUDIBLE] WITH THE SITUATION IN WHICH YOU SAY NO, ALTHOUGH WE PASSED A RESOLUTION THAT SAID WE ARE GOING TO PLAN THIS AREA, NOW WE HAVE DECIDE TO REJECT THAT PLAN AND THEN IF YOU DO THAT, THEN THOSE CASES UNDER B WOULD THEN GO TO ZONING AND PLATTING COMMISSION, THEY WOULD KNOW LONGER GO TO THE PLANNING COMMISSION BECAUSE THERE WOULD NO LONGER BE A PLAN THERE. IT PROVIDES THAT FLEXIBILITY OF ADJUSTING THE CHUTES.

GOODMAN: COULD I MAKE A SUGGESTION FOR NEXT TIME WE LOOK AT THIS. HOPEFULLY [INAUDIBLE] TONIGHT, BUT COMING BACK TO IT WHEN WE HAVE THE DOWNTOWN STUFF IN HAND. THAT IS I THINK WE SHOULD ASSIGN MR. ENGLISH THE JOB OF MAKING A FLOW SHEET WITH THE REFERENCES TO DIFFERENT SECTIONS, ALONG THAT FLOW SHEET, SO THAT PEOPLE KNOW EXACTLY HOW THE SEQUENCINGS. -- SEQUENCE GOES BECAUSE IT'S NOT ALPHABETICALLY.

WE CAN DO THAT, WE CAN WILL PROVIDE THAT TO YOU SOMETIME IN THE NEXT WEEK OR TWO EVEN BEFORE THE ITEM COMES BACK.

MAYOR GARCIA: OKAY, COUNCIL. ARE YOU READY TO VOTE? ABOUT AS READY AS YOU WILL BE. ALL THOSE IN FAVOR OF THE MOTION AS AMENDED -- DO WE NEED TO HAVE A FINAL ORDINANCE, MARTY, TO BE ABLE TO VOTE LIKE WE ARE GOING TO VOTE, RIGHT?

NO, SIR, BECAUSE I HAVE GOT MY INSTRUCTIONS

MAYOR GARCIA: OKAY. ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE

AYE. OPPOSED SAY NO. MOTION CARRIES. THANK YOU VERY MUCH, THE MAYOR PRO TEM IS READY TO CALL IT QUITS. THE LAST -- THE LAST PUBLIC HEARING THAT WE WILL HAVE TONIGHT IS ITEM NO. 73, TO CONDUCT A PUBLIC HEARING PURSUANT TO THE TEXAS IMPACT FEE ACT, LOCAL GOVERNMENT CODE CHAPTER 395 AND ADOPT AN ORDINANCE APPROVING THE AUGUST 2001 UPDATE OF THE CITY OF AUSTIN WATER AND WASTEWATER IMPACT FEE LAND USE ASSUMPTIONS CAPITAL IMPROVEMENTS PLAN.

WATER AND WASTEWATER AND CAPITAL RECOVERY FEES ARE THE SAME THING, WE USE THOSE TERM INTERCHANGEABLY. THE TEXAS IMPACT FEE ACT, WHICH WAS ORIGINALLY ADOPTED IN 1987 LAID OUT SPECIFIC REPORTERS THAT MUNICIPALITIES MUST EMPLOY IN REGARD TO CHARGE THESE FEES AFTER JUNE OF 1990. AUSTIN WAS ONE OF THE VERY FIRST TEXAS CITYS TO COMPLY WITH THE ACT. HAS COLLECTED MORE THAN $78 MILLION IN THESE FEES SINCE JUNE OF 1990. WE MUST MAINTAIN IMPACT FEE LAND USE ASSUMPTIONS AND CIP DOCUMENTS, WE UPDATE THEM EVERY THREE YEARS, THAT'S NOW GOING TO BE EVERY FIVE YEARS, IN ACCORDANCE WITH THIS ACT. THIS YEAR, SENATE BILL 243 REVISED THE TEXAS IMPACT FEE ACT. NOW THE LAND USE -- I MEAN THE IMPACT FEE LAND USE ASSUMPTIONS AND THE C.I.P. UPDATES DEMONSTRATE THAT OUR IMPACT FEE STRUCTURE CONFORMS TO THIS REVISED ACT. SO WE HAVE TWO PURPOSES HERE: IT'S TIME TO UPDATE THESE DOCUMENTS AND WE WANT THEM TO PROVE THAT OUR COMPLIANCE WITH THE NEW PROVISIONS OF THE LAW. THE LAND USE ASSUMPTIONS DESCRIBE THE SERVICE AREA AND PROJECT GROWTH FOR A 10 YEAR PERIOD AND THE IMPACT FEE C.I.P. LISTS THE FACILITIES AND THE COSTS THAT PROVIDE CAPACITY FOR THAT GROWTH. SO THE DOCUMENT'S PURPOSE IS TO PROVIDE JUSTIFICATIONS FOR THE FEE AS REQUIRED BY LAW. IT DOES NOT CHANGE ANY OF THE FEES THAT WE ASSESS OR CHARGE. THE -- ALL OF THE WATER AND WASTEWATER IMPACT FEES WILL REMAIN THE SAME UNTIL THE COUNCIL DECIDES TO CHANGE THEM. THE STATE LAW REQUIRES A PUBLIC HEARING PRIOR TO ADOPTING THE UPDATES OF THE LAND USE ASSUMPTIONS AND THE C.I.P. WE WILL BE PLEASED TO ANSWER ANY QUESTIONS EITHER NOW OR WHEN ITEM 81 COMES UP, WHICH IS THE ADOPTION ORDINANCE.

MAYOR GARCIA: LET ME ASK THE COUNCILMEMBERS IF THEY HAVE QUESTIONS AT THIS TIME? WE DON'T HAVE ANY SPEAKERS, BUT BEFORE WE GO ON TO MAKING MOTIONS LET ME ASK COUNCILMEMBERS IF THEY HAVE ANY QUESTIONS? COUNCILMEMBERS? NONE.

THANK YOU, SIR

MAYOR GARCIA: I WILL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING. MOTION BY COUNCILMEMBER GRIFFITH, SECONDED BY THE MAYOR PRO TEM. TO CLOSE THE PUBLIC HEARING, ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE

AYE.

OPPOSED SAY NO. MOTION CARRIES. THE ACTION ITEM IS ITEM NO. 81, I WILL ENTERTAIN A MOTION ON THAT ITEM.

GOODMAN: MOVE APPROVAL

MAYOR GARCIA: MOTION BY THE MAYOR PRO TEM, SECONDED BY -- EXCUSE ME, COUNCILMEMBER GRIFFITH. DISCUSSION? ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE AYE AYE

OPPOSED SAY NO. MOTION CARRIES. THANK YOU VERY MUCH. CITY MANAGER DO WE HAVE ANYTHING ELSE ON THE AGENDA?

GARZA: NO, SIR. WE DID HAVE ONE OTHER PLANNING COMMISSION ITEM, LET ME SEE. [ LAUGHTER ].

MAYOR GARCIA: I WILL ENTERTAIN A MOTION TO ADJOURN. MOTION BY EVERYBODY. SECONDED BY EVERYBODY. [ LAUGHTER ]. THIS MEETING IS ADJOURNED.

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